RA sued over potholes
JANA-MARI SMITH
WINDHOEK
The Roads Authority (RA) is being sued by a road user whose Toyota Fortuner was damaged beyond repair when it hit a pothole on the C44 Tsumkwe gravel road last year.
Angaleni Asipala is asking the court to award him N$165 612 in damages for the alleged negligence of the RA to properly maintain the road and for neglecting to warn motorists of the potholes. Asipala's particulars of claim state that his vehicle was damaged to the degree that it had to be sold for salvage after he hit a pothole on the C44 road on his way to Maroelaboom in the Otjozondjupa Region on 3 August 2020.
Sold for scrap
He is asking to be reimbursed for the money lost after his car was sold for salvage below the car's value before the accident. He noted that the car, a 2012 Fortuner, was valued at N$229 650 prior to the accident. He was able to sell the damaged vehicle for scrap materials for N$76 038, and is asking that the roads authority refund the difference plus the N$12 000 towing fees incurred. In his papers, filed in February, Asipala said the crash “was caused solely as a result of the negligence” of the RA under whose ambit the maintenance of national roads fall.
The RA failed to maintain or repair the broken road surface, and failed to “check the road surface on a regular basis for pot holes or possible signs of deterioration,” he claimed. Asipala further claimed the RA “failed to put up the necessary warning signs to warn approaching motorists of the potholes” and failed in their duty to the general public to prevent harm or to inform motorists of the potential dangers of the road's condition.
In 2020, it was reported by Nampa that road users in the Otjozondjupa Region had called on the RA to upgrade the C44, a 246-kilometre gravel road stretching from a turn-off on the Grootfontein-Rundu highway.
Denies culpability
In its defence, filed in court, the RA denied any culpability and blame, and argued that Asipala had to prove what caused the collision.
They argued further that the collision was caused through the plaintiff's “own negligence” and that he likely failed to keep a proper lookout and failed to “maintain a moderate and reasonable speed under the circumstances”, and so failed to avoid the collision.
The RA further stated that it is complying with its responsibility to maintain the national road network.
Following a case management conference held this week, High Court Judge Eileen Rakow postponed the case to 1 June for a status hearing.
Samuel Philander from Lorentz-Angula Inc represented Asipala while the RA is represented by Dirk Conradie of Conradie & Damaseb Legal Practitioners.
WINDHOEK
The Roads Authority (RA) is being sued by a road user whose Toyota Fortuner was damaged beyond repair when it hit a pothole on the C44 Tsumkwe gravel road last year.
Angaleni Asipala is asking the court to award him N$165 612 in damages for the alleged negligence of the RA to properly maintain the road and for neglecting to warn motorists of the potholes. Asipala's particulars of claim state that his vehicle was damaged to the degree that it had to be sold for salvage after he hit a pothole on the C44 road on his way to Maroelaboom in the Otjozondjupa Region on 3 August 2020.
Sold for scrap
He is asking to be reimbursed for the money lost after his car was sold for salvage below the car's value before the accident. He noted that the car, a 2012 Fortuner, was valued at N$229 650 prior to the accident. He was able to sell the damaged vehicle for scrap materials for N$76 038, and is asking that the roads authority refund the difference plus the N$12 000 towing fees incurred. In his papers, filed in February, Asipala said the crash “was caused solely as a result of the negligence” of the RA under whose ambit the maintenance of national roads fall.
The RA failed to maintain or repair the broken road surface, and failed to “check the road surface on a regular basis for pot holes or possible signs of deterioration,” he claimed. Asipala further claimed the RA “failed to put up the necessary warning signs to warn approaching motorists of the potholes” and failed in their duty to the general public to prevent harm or to inform motorists of the potential dangers of the road's condition.
In 2020, it was reported by Nampa that road users in the Otjozondjupa Region had called on the RA to upgrade the C44, a 246-kilometre gravel road stretching from a turn-off on the Grootfontein-Rundu highway.
Denies culpability
In its defence, filed in court, the RA denied any culpability and blame, and argued that Asipala had to prove what caused the collision.
They argued further that the collision was caused through the plaintiff's “own negligence” and that he likely failed to keep a proper lookout and failed to “maintain a moderate and reasonable speed under the circumstances”, and so failed to avoid the collision.
The RA further stated that it is complying with its responsibility to maintain the national road network.
Following a case management conference held this week, High Court Judge Eileen Rakow postponed the case to 1 June for a status hearing.
Samuel Philander from Lorentz-Angula Inc represented Asipala while the RA is represented by Dirk Conradie of Conradie & Damaseb Legal Practitioners.
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