Milling Techniks v T. W. Stene (Pty) Limited (1502/2012)
Milling Techniks v T. W. Stene (Pty) Limited (1502/2012) [2017] ZAKZDHC 21 (2 May 2017)
The court found that the defendant's driver, Guliwe, was negligent in proceeding through the construction area without taking reasonable steps to avoid the collision, despite being aware of the abnormal load's protruding blade and the presence of the Bomag Roller in a protected area. The objective evidence, including photographs and witness testimony, established that slushing operations were ongoing and that the collision occurred some distance from the bridge. The defendant's reliance on the escort vehicle did not absolve him of responsibility, as he failed to keep a proper lookout and did…
Source excerpt
- Negligence
- Vicarious Liability
- Contributory Negligence
- Road Construction Liability
- Third Party Procedure
- Quantum Of Damages