High Court of South Africa Eastern Cape, Port Elizabeth - 2011 March

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Citation
Judgment date
March 2011
Plaintiff entitled to damages where the insured driver entered a robot-controlled intersection on red; plaintiff not negligent.
Road Accident Fund – liability under s 17 – collision at robot-controlled intersection – vehicle entering on red signal held negligent. Credibility – assessment of eyewitness evidence; preference for plaintiff and police witness over insured driver and passenger. Duty of care – driver with green signal not obliged to anticipate unlawful red-light entrants; contributory negligence not established. Costs – defendant ordered to pay taxed costs pertaining to merits (including one inspection in loco) with interest; quantum postponed sine die.
29 March 2011