PARTICULARS OF CLAIM
1. Anne Smith, adult female was born on 22 February 1977 in Germiston, Gauteng Province. My maiden name is O’Brien. I am residing at 9 Napier Street, Mimosa Park Germiston.
2. I was married to my late husband, John William Smith in community of property in Germiston on 18 July 2007. We were still married by the time of his death on 10 May 2018.
3. Two children were born of our marriage. They are Anne-Elise Smith, a girl born on 19 May 2002 and James Andrew Smith, a boy born on 02 August 2009.
4. My husband was born on 17 November 1970 at Germiston, Gauteng Province.
5. On 10 May 2018 at about 09:30 I was driving my car, 2011 Honda registration noNPW 2001 along Jack Street in Germiston. I was traveling from Lambton towards Germiston CBD, from East to West, in clear condition. My husband was in the passenger seat, my children in the back seat. We all had our seat belt on.
6. As I approached the intersection at Victoria Street, I saw the light turn green in my favour. I intended to go through the intersection on to the freeway. I was doing about 50 kilometers per hour. The speed limit is 60 kilometers per hour.
7. As I entered the intersection, I noticed a car coming at high speed into the intersection from my right. The light must have been red for it. Before I could react, it struck my car on its right hand side. My car spun around and collided with its left hand side against the light pole on SW corner of the intersection.
8. I was in lot of pain. I could see that my husband was badly injured and my children were unconscious. I lost consciousness and come in to Bertha Gxowa Hospital in Germiston the next day. I then learned that my husband died on the scene and both our children were in hospital with me but both were out of danger.
9. I have since found out that the driver of the other car was Joe Soap, a carpenter of 10 Daniel Street, Lambton, Germiston. I met him at the Magistrates’ Court. He was prosecuted for culpable homicide and I was due to give evidence but the case was remanded.
10. The collision was caused solely by the other driver who was negligent in one or more of the following respects:
a. He deliberately drove his vehicle recklessly by driving towards the lane in which Plaintiff was driving.
b. He deliberately drove his motor vehicle at an excessive speed in the circumstances.
c. He failed to keep a proper lookout of other dangers of the road.
d. He failed to keep the vehicle driven by him under proper control.
e. He failed to avoid the collision by exercise of a reasonable care he could and should have done so.
f. He disobeyed the road traffic rules