Putter v Road Accident Fund (11884/2021)
Putter v Road Accident Fund (11884/2021) [2023] ZAGPJHC 632 (6 June 2023)
The court found that the plaintiff's evidence was reliable, uncontroverted, and established that the insured driver failed to indicate his intention to turn right, thereby creating a sudden emergency for the plaintiff. The plaintiff kept a proper lookout and was travelling at a reasonable speed. The insured's conduct was the sole cause of the collision, and the doctrine of sudden emergency applied, absolving the plaintiff from negligence. The defendant failed to present any countervailing evidence or witnesses. The court distinguished the facts from Smith v Road Accident Fund and held the def…
Source excerpt
- Motor Vehicle Accident
- Negligence
- Sudden Emergency
- Liability
- Rule 33 4 Uniform Rules