A woman has launched a R400 000 legal battle after her Mercedes-Benz GLC 220d was towed for repairs following a breakdown, only for her to later discover what she believed was a deterioration in the vehicle’s condition.

The dispute, which dates back to April 2019, has now reached an appeal court where the dealership is challenging testimony from a witness who migrated to Germany. 

IoL reports that according to the judgment, the woman was driving her 2016 Mercedes-Benz GLC 220d along Lydenburg Road in Mpumalanga in April 2019 when the vehicle broke down. She contacted roadside assistance and her vehicle was towed to Garden City Motors for repairs.

However, when she later examined the Mercedes-Benz, she believed its condition was worse than when she had handed it over.

The woman sought a second opinion from experts and demanded compensation from the company, which disputed liability.

She instituted proceedings in the Mbombela Regional Court in August 2020, suing the company for approximately R400 000.

The matter proceeded to trial, with the woman and her expert, Mr Faltermeier, giving evidence in February 2022.

IoL reports the matter was postponed indefinitely at the request of the company. The company wanted to consult before proceeding with the expert’s cross-examination.

Four years later, the expert had still not returned to court, while the magistrate who had originally presided over the matter had retired.

The expert had relocated to Germany and was not able to return to give evidence in person. The court granted permission for the expert to testify via an audiovisual link.

The company appealed against this decision arguing the woman had not sufficiently established her expert would be unavailable to testify in person.

It argued allowing the expert to testify remotely could prejudice its ability to cross-examine him effectively.

The appeal was struck from the roll, and the dealership was ordered to pay the costs of the appeal.

Full IoL report