McDonalds Transport v SMI Transport

• Jurisdiction: South Africa
• Judge: Ploos Van Amstel J
• Judgment Date: 21 November 2013
• Docket Number: 13461/2010
• Court: KwaZulu-Natal High Court, Durban
• Hearing Date: 06 November 2013
• Citation: 2013 JDR 2545 (KZD)

Ploos van Amstel J

[1]

This is an action for damages arising out of a collision between two truck and trailer combinations. The plaintiff is McDonalds Transport Upington (Pty) Ltd and the defendant SMI Transport CC.

[2]

On 5 May 2009, in the evening, the plaintiff's truck, an International 9800i mechanical horse with two trailers, was on its way to Durban from Richards Bay, on

2013 JDR 2545 p2

Ploos van Amstel J

the N2 national road, with a 34 ton cargo of chrome. It was being driven by Kehla Makhubo. At some time after 8 pm it collided with the rear trailer of the defendant's combination, which was stationary on the left hand side of the road. At the place where the collision occurred there were two lanes going south and two going north, with a barrier consisting of metal poles and cables separating the southbound and northbound lanes. The plaintiff's driver lost control of the truck, veered over to the right, collided with the barrier and came to a stop some distance further south.

[3]

The issues before me related to negligence only, and at the commencement of the trial I made an order, by agreement, that the issues relating to the quantum of damages will stand over for later determination.

[4]

The plaintiff's case is that the collision was caused by negligence on the part of the defendant's driver, who stopped the truck in a dangerous place and failed to take adequate steps to warn oncoming traffic of the danger which it posed. The defendant blamed the plaintiff's driver and contended that he failed to keep a proper lookout and failed to take reasonable steps to avoid the collision.

[5]

I think it is convenient to start with the defendant's driver, Bongani Mkambule. He is a citizen of Swaziland and his driver's licence was issued in that country. He also drove an International mechanical horse with two trailers. He was on his way to Durban from Komatipoort with 34 tons of grapefruit. As he approached the Odokodweni toll gate he heard an unusual noise coming from the engine. He slowed down and pulled over to the left. The engine cut out and the truck came to a stop next to the steel barrier on the side of the road. There were no artificial lights in his immediate vicinity and it was dark. The yellow line which demarcates the left side of the left lane was under the truck, so that a part of the truck was on the left lane. He said he engaged the handbrake, put the hazard lights on, took a reflective triangle from his cab and put it in the slow lane, approximately 100 meters behind the truck. He then returned to the truck and inspected the engine. He saw that the radiator had been damaged and telephoned his office to report the matter. Some time later he heard a noise from the back of the trailer and saw the plaintiff's truck which had damaged the barrier on the right and came to a stop about 100 meters further. He realised that the plaintiff's truck had collided with his trailer. He established that the triangle had been broken into pieces and put a fire extinguisher where the triangle

2013 JDR 2545 p3

Ploos van Amstel J

had been. That was approximately half a meter from the yellow line, on the left lane. He also said that before the collision occurred a number of vehicles passed him, travelling towards Durban.

[6]

The plaintiff's driver said he was driving in the left lane, the road was fairly level and the weather clear. The speed limit was 120 kph, but he was travelling at about 75 kph. The maximum speed permitted in that truck was 80 kph. He noticed a truck ahead of him when he was about half the length of a soccer field from it. He saw the chevron on the back of the truck and initially thought that it was moving. The lights were not on. When he got closer he realised that the truck was stationary. He estimated that at that stage he was about the length of the...