Motorcyclist's RAF mistake claim dismissed
The SCA has dismissed an appeal by a motorcyclist who claimed there was a mistake in his settlement agreement with the RAF, says a News24 report.
The Gauteng High Court (Pretoria) had previously ruled in favour of Roelof Ernst Botha, who sued the RAF for damages after he was severely injured in a motorbike accident.
Botha's wife was also injured in the accident, and she, too, instituted a claim against the RAF. In March 2014, Botha and his wife's cases appeared before different judges.
The RAF conceded liability for whatever damages Botha and his wife were able to prove. His wife's claim went to trial for determination of the damages.
Judgment in her matter was reserved.
In Botha's case a court-approved settlement was reached, but after the settlement, Botha's lawyers discovered that documents relating to some of his hospital and medical expenses had been placed in his wife’s file and were not presented to the RAF.
The matter was brought before the High Court for its order to be cancelled or amended, to reflect the new amount. The court dismissed the application. Botha then appealed to the SCA, which ruled that it was not a mistake common to both parties, but only a mistake on the part of Botha’s attorney, and that the RAF was not at fault.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
