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South Africa decisions
Decisions matching the current search
Erasmus v Road Accident Fund (A2024/039000) [2025] ZAGPJHC 346 (25 March 2025)
The High Court held that the appellant was solely responsible for a motorcycle collision and dismissed his appeal against a 50% apportionment.
Makanyoga General Business Enterprises CC v P and J Swift Transport (88693/16) [2024] ZAGPPHC 1302 (29 November 2024)
The court found that the defendant's driver was negligent for leaving the truck stationary and protruding into the public road without placing a warning triangle or activating hazard lights, as required by the National Traffic Regulations. This failure created a danger for other road users, including the plaintiff's driver. However, the plaintiff's driver was also found to be negligent for not braking or taking sufficient evasive action upon seeing the stationary truck from a considerable distance, instead relying on the assumption that he could pass after the oncoming van had cleared. The co…
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De Kock v Road Accident Fund (17211/2018) [2024] ZAWCHC 86 (20 March 2024)
The court found that both the insured driver and the plaintiff were negligent. The insured driver failed to keep a proper lookout and did not indicate his intention to turn right, thereby failing to warn following traffic and observe the plaintiff in his mirrors. The plaintiff, however, was also negligent by overtaking on a painted island, failing to keep a proper lookout, and not maintaining a safe following distance. The evidence established that the plaintiff could have avoided the collision had she been attentive to the insured driver's actions. The court rejected the argument that the in…
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