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South Africa decisions
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Mashae v Road Accident Fund (022280/2018) [2019] ZAGPJHC 422 (20 May 2019)
The court held that the plaintiff was solely negligent in a road collision after failing to stop at a stop street and keep a proper lookout. The claim was dismissed with costs.
Mostert v Road Accident Fund (72/2017) [2017] ZAFSHC 222 (7 December 2017)
The court found the Road Accident Fund 100% liable after a night-time collision at a stop-controlled intersection where the insured driver entered without headlights.
Shabangu v Road Accident Fund (67971/2011) [2016] ZAGPPHC 355 (24 May 2016)
The High Court held the Road Accident Fund liable after finding the insured drivers negligent in a fatal collision on a curve with an obstructed view.
Rathebe v Road Accident Fund (16432/2000) [2013] ZAGPPHC 22 (5 February 2013)
The court found the plaintiff mainly negligent in a road accident involving a bus and apportionment of liability was set at 75% against the plaintiff.
Marumolo v Road Accident Fund (511/06) [2007] ZANWHC 16 (24 May 2007)
The court found that the probabilities favoured the plaintiff's version that the defendant drove without headlights, making it impossible for the plaintiff and her companions to see the approaching vehicle. The evidence did not support the defendant's claim that the plaintiff ran into the road unexpectedly or that his vision was blurred by bright lights from an oncoming car. The defendant failed to take reasonable steps to avoid the accident, and the plea of contributory negligence was dismissed. The defendant was held solely liable for the damages suffered by the plaintiff as a result of the…
Source excerpt
Wolmarans v Santam Versekeringsmaatskappy Bpk. (268/82) [1984] ZASCA 24; [1985] 1 All SA 311 (A) (23 March 1984)
The Appellate Division dismissed a pedestrian’s appeal after finding he failed to prove the bus driver was negligent or could have avoided the collision.
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