Doctor coughs up N$70 000 for car crash

Namene Helmich
A medical doctor was ordered to pay a plaintiff damages occasioned to her motor vehicle during an accident more than two years ago.

The High Court in Windhoek found that Dr John Rutabanzibwa was solely responsible for the accident by negligent driving and that as a result of such negligence, the plaintiff Susara Helena Wentzel suffered damages in the amount of N$70 316.

These damages were incurred by a collision on 14 March 2015 at approximately 19:00 in Windhoek's Nelson Mandel Avenue.

The plaintiff's vehicle was driven by her son Wayne who was travelling towards Hidas Shopping Centre, while Rutabanzibwa was driving out from Roof of Africa Hotel and Conference Centre into Nelson Mandela Avenue.

Wentzel maintained that the collision was solely caused by the negligent driving of the doctor and had therefore claimed the N$70 316, being the difference between the fair and reasonable value of her motor vehicle prior to the collision.

Rutabanzibwa defended the matter and maintained that the collision was solely caused by negligent driving of Wayne Wentzel.

The plaintiff testified that the motor vehicle belonged to her but was driven by her son.

She told the court when she arrived at the scene the doctor apologised to her and admitted fault.

She said the damage on her vehicle was more severe than the damage on the doctor's vehicle.

The police was not called to the accident scene.

The Wentzels went to the police the next day.

The doctor confirmed that his vehicle was slightly damaged in that the bumper was loose.

He said he had some discussion with the plaintiff at the scene and that both agreed that each repairs his own vehicle and they parted ways.

Judge Boas Usiku found that the probabilities favour the version of the plaintiff in that the driver of her vehicle drove on the correct side of the road in a southerly direction.

“A motorist about to enter into a street like Dr Rutabanzibwa did, has a duty to stop before entering a street. He had a duty to wait until the traffic that was already in Nelson Mandela Avenue had passed before he could proceed into the avenue,” the judge said.

The judge emphasised that the defendant failed to avoid a collision when he could have and should have done so by exercising reasonable care.

“As a result of such negligence, the plaintiff suffered damages in the amount as set out,” he concluded.



FRED GOEIEMAN

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Namibian Sun 2024-03-29

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