TLI4801 - Techniques in Trial and Litigation - Assignment 01

Introduction

These Claims arise from the death of John William smith (deceased) who was in a

motor vehicle accident and subsequently died at the scene of the accident. The

Deceased was married with children.

The Parties

1.

1.1The first plaintiff is Mrs. Anne Smith, to be referred to as Anne from here on, born

October 6, 1969. She resides at 18 Dynamite Place in Cape Town in the Western

Cape.

1.2The Second Plaintiff Is Anne Elise Smith, the daughter of Anne Smith born 03

July 2006 (represented by the first plaintiff as the guardian)

1.3The Third Plaintiff is James Andrew Smith, the son of Anne Smith, born 19

August 2004 ( Also Represented by the first plaintiff)

1.4The defendant is Mr. Joe Soap, a Carpenter of Gravity Street in Cape Town.

1.5The Second Defendant is The Road Accident Fund – Standard Bank,

hanstrijdom avenue, Cape Town city Centre, 8001

2 The Deceased is John William Smith, born 5 May 1965, was married to the first

plaintiff Anne Smith in community of property at NG Lucas Kerk in Cape Town on

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TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Assignment 01: 726196

the 3rd of August 1991. The Second Plaintiff and the Third plaintiff were born from

the Marriage of the Deceased and the First Plaintiff.

The Collision

3 On the 6 of August 2018, the first plaintiff was driving her Honda, registration NPN

2001, along Clover Street in Cape Town, Waterfront. Was driving with the deceased

in the passenger seat and the second and third plaintiff were in the back seat. The

all had seat belts on.

3.1When the first Plaintiff Approached the Intersection at Clover Street, the light turned

green in her favor, and she travelled through the intersection at 50 kilometers per

hour.

3.2As she was travelling through the intersection, the defendant cam at high speed

from her right side and struck her car.

3.3The car spun around and collided with its left hand side against the light pole on the

SW corner of the intersection.

3.4The first respondent was badly injured in the collision, the second and third plaintiff

were in a coma summarily after the accident.

3.5The First Plaintiff’s husband died at the scene of the accident.

The Defendant’s Negligence (insured driver)

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TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Assignment 01: 726196

4 Mr. Joe Soap (Defendant) was negligent in his driving, and in his negligence he was

the sole cause of the collision.

4.1The defendant failed to keep a proper look out while driving through the intersection.

4.2The Defendant failed to keep the vehicle he was driving under proper control of road

rules

4.3The defendant was driving at high speed, he exceeded the Speed limit set for road

(he was driving above 60 kilometers per hour)

4.4He failed to reduce his speed after becoming aware of the first Plaintiff’s Vehicle on

the road

4.5He failed to avoid the collision, by the exercise of due and reasonable care and skill

and he should’ve done so

4.6By avoiding to comply with the rules of the road the defendant intentionally exposed

himself to danger and by so doing caused the death of Mr. John William Smith

(deceased).

4.7The duty of care was breached by the defendant.

The Duty of Support owed to the Plaintiffs

5. During a Marriage, each spouse owes to the other a reciprocal duty of support,

provided that the person claiming such support is actually in need of it and that

the other spouse can actually provide it.

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TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Assignment 01: 726196

5.1. This support includes accommodation, clothing, food, medical services and

other necessities.

5.2. The duty to support each other is the responsibility of both spouses and

means that if, for example, a woman does not have the financial means to

support herself, her husband has a legal obligation to support her, and vice

versa.

5.3. The Deceased was a qualified systems engineer at Kilmer packaging In Cape

Town, He earned R35 000 a month which allowed him to support his whole

family (the plaintiffs).

5.4. The Deceased received an annual bonus which is equal to his salary.

5.5. The deceased would’ve worked till his retirement age of 65.

5.6. His duty was to support his wife (the first Plaintiff) and Children (the second

and third plaintiff)

5.7. The first plaintiff did not work as she looked after the children, she does not

have skills to earn the amount of money the deceased was earning in his job.

5.8. The deceased used to give the first plaintiff half of his salary each month for

household expenses, this amount was R17 500.

5.9. The Plaintiff used R4 500 to pay the bond in the house and the rest of the

money went to the following expenses:

 Food and Groceries

 School fees and allied expenses for the Second and third respondent

 Clothing and School uniform

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TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Assignment 01: 726196

 Domestic and gardener’s Salaries

 Petrol and services for the deceased and first Plaintiffs car.

 Unforeseen expenses that arise