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South Africa: North Gauteng High Court, Pretoria
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[2010] ZAGPPHC 561
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Moore v Road Accident Fund (21462/2008) [2010] ZAGPPHC 561 (12 February 2010)
IN THE HIGH COURT
OF SOUTH AFRICA
(NORTH GAUTENG
HIGH COURT - PRETORIA)
CASE NO: 21462/2008
DATE: 12 FEBRUARY
2010
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
In the matter
between :
MOORE,
JOHANNA
.............................................................................................................................
Plaintiff
And
ROAD
ACCIDENT
FUND
................................................................................................................
Defendant
JUDGMENT
MATOJANE J
[1] This is an
action for damages arising out of a motor vehicle accident. I
separated the merits from the quantum in accordance
with a request to
this effect by the parties. This judgment is accordingly, concerned
only with the question whether the defendant
is liable for damages
that the plaintiff may have suffered as a result of the accident.
[2] It is common
cause that, on 11 September 2007 at approximately 06h45 and at the
intersection of R55 & Arthur, a collision
occurred between a
motor vehicle driven by he plaintiff and another one driven by Aletta
Abralina. Arising from this accident,
which the plaintiff alleged was
caused solely by the negligence of Aletta Abralina, the plaintiff has
claimed damages from the
defendant in the amount of R804 447.00.
[3] The plaintiff
testified that she was driving down R55 in the southerly direction
approaching the intersection with Arthur road.
The traffic lights
were in her favour. As she entered the intersection, a car on R55
travelling north unexpectedly turned right
into Arthur road across
her lane of travel and collided with the front right hand side of her
vehicle.
[4] The plaintiff
stated that she was travelling at about 60 kilometres per hour in a
80 kilometre zone. She was not able to avoid
the collision, no matter
what she may have tried.
[5] The only witness
to testify was the plaintiff. The defendant did not call any
witnesses.
[6] The only
evidence before me is that of the plaintiff. On her version, the sole
cause of the accident was Aietta Abralina who
unexpectedly and
without warning drove across her lane of travel. On her evidence, she
was not able to avoid the accident which
ensued. I accept her
evidence.
[7] I find that the
defendant is liable for the damages that the plaintiff has suffered
as a result of the accident.
[8] The following
order is made:
(a) The defendant
shall be liable for the damages that the plaintiff proves in due
course arising from the motor vehicle accident
that occurred on 11
September 2007.
(b) The defendant is
directed to pay the plaintiff's costs
K E MATOJANE
JUDGE OF THE HIGH
COURT