IN THE NORTH WEST HIGH COURT, MAFIKENG LENTIKILE DAVID PHETE JUDGMENT. [1] This is an action instituted by Lentikile David Phete, a major male

Size: px
Start display at page:

Download "IN THE NORTH WEST HIGH COURT, MAFIKENG LENTIKILE DAVID PHETE JUDGMENT. [1] This is an action instituted by Lentikile David Phete, a major male"

Transcription

1 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE NORTH WEST HIGH COURT, MAFIKENG In the matter between: CASE NO: RAF189/2014 LENTIKILE DAVID PHETE Plaintiff and ROAD ACCIDENT FUND Defendant JUDGMENT CHWARO AJ: Introduction [1] This is an action instituted by Lentikile David Phete, a major male born on [..], ( the plaintiff ) in terms of which he claims for damages arising out of personal injuries suffered by him following an alleged motor vehicle accident that occurred on or about 22 1

2 June 2012 and at and/or along the Ottoshoop - Lichtenburg road. [2] The plaintiff issued summons out of the above Honourable Court on 3 July 2014 setting in motion an action against the Road Accident Fund, ( the defendant ), an entity established in terms of the Road Accident Fund Act, No 56 of 1996, ( the Act ) and which is liable for compensation of victims of motor-vehicle accidents for personal injuries sustained from such accidents. [3] At the commencement of the trial, I was informed that an agreement between the parties under rule 33(4) of the Uniform Rules, was reached regarding the separation of the issue of liability and/or merits from that of quantum so that the trial should only proceed on the issue of liability and/or merits. Pleadings [4] In his particulars of claim, the plaintiff alleges that on or about 22 June 2012 and along the Ottoshoop / Lichtenburg road and while riding a bicycle, he was hit by and/or collided with an unidentified motor vehicle ( the insured vehicle ) there and then driven by a driver whose full and further particulars are unknown to the plaintiff, ( the insured driver ). [5] The plaintiff further alleges that the collision was as a result of the 2

3 sole negligence of the insured driver who was negligent in a number of respects, including that he/she failed to keep the insured vehicle under proper control in circumstances where he/she was obliged to, s/he failed to keep a proper look out, s/he failed to apply the brakes of the insured vehicle timeously or at all alternatively that the brakes were not in a proper working condition and that s/he was driving under excessive speed under the circumstances. [6] As a result of the accident, plaintiff pleads that he suffered injuries comprising of Grade III compound fractures of the junctions of the middle and distal thirds of the right tibia and fibula; so-called Galeazzi fracture of the midshaft of the right radius with a dislocation of the distal radioulnar joint and multiple contusions and abrasions. [7] The defendant filed a plea in terms of which three special pleas were raised. Nothing turns on these special pleas as it appears that the parties found each other at a pre-trial stage and I need not be further detained by same. [8] In its defence on the merits, the defendant denies that the insured driver was negligent as alleged by the plaintiff but avers that the collision was caused by the sole negligence of the plaintiff, 3

4 alternatively that if the insured driver was negligent, the collision was solely caused by the negligence of the plaintiff who was negligent in that he failed to keep a proper lookout, he failed to keep the motor cycle under proper control, he was driving his motor cycle at an excessive speed and that he failed to avoid the collision when by exercise of due and reasonable care he could and should have done so. In the further alternative, the defendant pleaded contributory negligence. The evidence [9] The defendant decided not to lead any evidence and the trial proceeded on the basis of the evidence of the plaintiff only. [10] The plaintiff testified that on the morning of 22 June 2012 and at around 05h00, he was riding his bicycle on his way from his place of employment situated at E. F. to S., his place of residence. Approximately two kilometres from E. F. and whilst riding a bicycle on the left lane of the two lanes, he was hit by a vehicle from behind and as a result of the impact he fell on the ground and when he attempted to stand up, he realised that he was injured on his right foot, which he could not uplift or use, his right hand as well as some abrasions on his face. 4

5 [11] Plaintiff further testified that he used the same road on a daily basis to commute between his place of residence and his place of employment and at no stage during this period was he ever involved in an accident. He testified that on the morning in question he was wearing a reflective orange jacket with khaki trousers and that his bicycle was fitted with a red reflective light at the rear. [12] The plaintiff testified that following the accident the passers-by who found him on the road summoned the police to the scene of the accident and the latter called an ambulance which transported him to hospital. The police took a statement from him and compiled an accident report relating to the accident as described by him. [13] During cross-examination by Mr Seremane, it was put to the plaintiff that he could not see nor identify the vehicle that allegedly hit him. The plaintiff conceded that he could not see nor identify the said vehicle as it was travelling from behind and that there were other vehicle that were travelling in the opposite direction. Plaintiff testified further that he was certain that a motor vehicle collided with him in that there were some debris left at the scene of the accident which resembled pieces of plastics from a front bumper and mirrors of a motor vehicle. 5

6 [14] Following the closure of the plaintiff s case, the defendant did not present any evidence at all to either substantiate its plea or to counter the evidence presented by the plaintiff. Legal principles [15] It is trite law that the onus is on the plaintiff to prove, on a balance of probabilities that his injuries were caused as a result of the negligent driving of the unidentified driver of the insured motor vehicle. See: Laas v Road Accident Fund 2012 (1) SA 610 (GNP) [16] The defendant s liability is found in section 17 (1)(b) of the Act which provides thus: 17. (1) The Fund or an agent shall (a) ; (b) subject to any regulation made under section 26, in the case of a claim for compensation under this section arising from the driving of a motor vehicle where the identity of neither the owner nor the driver thereof has been established, be obliged to compensate any person (the third party) for any loss or damage which the third party has suffered as a result of any bodily injury to himself or herself or the death of or any bodily injury to any other person, caused by or arising 6

7 from the driving of a motor vehicle by any person at any place within the Republic, if the injury or death is due to the negligence or other wrongful act of the driver or of the owner of the motor vehicle or of his or her employee in the performance of the employee s duties as employee: Provided that the obligation of the Fund to compensate a third party for non-pecuniary loss shall be limited to compensation for a serious injury as contemplated in subsection (1A) and shall be paid by way of a lump sum. [17] The plaintiff s claim emanates from an alleged collision between the plaintiff, who was then riding a bicycle and an unidentified motor vehicle there and then driven by a driver whose full and further particulars are unknown. The claim stands to be determined in accordance with the regulations promulgated under section 26 of the Act and thus at the commencement of the trial I asked both counsel as to whether the issues relating to the timeframes as provided for in Regulation 2(1)(b) were complied with and I was assured that there was compliance and the only issue for determination was the negligence and/or liability of the defendant. Analysis of the evidence [18] It is common cause that the only evidence presented before me was that of the plaintiff, who impressed me as a candid, 7

8 straightforward and reliable witness. He easily and readily conceded facts that were obvious, like the fact that he did not see/witness a motor vehicle coming from behind as well as when it sped off after colliding with him. [19] A cursory perusal of the defendant s plea indicates that the latter has been under the impression that the plaintiff was riding a motorcycle instead of a bicycle and thus its defence was, amongst others, based on aspects like an allegation that plaintiff was negligent by riding the motor cycle at an excessive speed under the circumstances and failing to avoid the collision. [20] It is abundantly clear that the plaintiff could not reasonably and possibly have avoided the collision as he was hit from behind and that he was riding a bicycle instead of a motor cycle. [21] In the absence of any credible and admissible evidence led by the defendant which would show that the plaintiff was negligent, I am unable to find that there could be any negligence, contributory or otherwise, that could be attributed towards the plaintiff on the morning of 22 June [22] The uncontested evidence is that the plaintiff was wearing visible clothing and that his bicycle was equally fitted with a red reflective 8

9 light at the rear to enable other road users to recognise him and the bicycle at ease. The plaintiff was riding his bicycle on the correct side of the road being the left-hand side of the road and that he used the similar road on a daily basis and at no stage was he ever involved in an accident of a similar nature. [23] In his submission, Mr Jordaan, for the plaintiff, argued that this is a classical case where the facts speak for themselves. I cannot fault this argument and concur with him on this score. Conclusion [24] Under the circumstances I am of the view that the plaintiff s evidence is reliable and has discharged the onus on a balance of probabilities that the insured driver of the unidentified insured vehicle was solely negligent and responsible for the collision that occurred on 22 June 2012 and which resulted in the plaintiff sustaining bodily injuries. [25] In the absence of any evidence from the defendant, the court cannot find that the plaintiff was negligent and/or possibly contributed to his injuries. The end result is that the court finds that the defendant is liable to compensate the plaintiff for such damages as he may prove. 9

10 Order [26] In the premises, the following order is made: 1. It is ordered that the determination of liability is separated from quantum in accordance with rule 33(4) of the Uniform Rules; 2. The defendant shall pay to the plaintiff 100% (one hundred percent) of his proven or agreed damages; 3. The defendant is liable to pay the plaintiff s party and party costs on a High Court scale for determination of liability; 4. The determination of quantum is postponed to a date to be arranged with the Registrar of the above Court. 10

11 O K CHWARO ACTING JUDGE OF THE HIGH COURT DATE OF HEARING : 28 JULY 2015 DATE OF JUDGMENT : 29 JULY 2015 COUNSEL FOR THE PLAINTIFF : ADV CG JORDAAN Instructed by: VAN ROOYEN TLHAPI WESSELS MAHIKENG COUNSEL FOR THE DEFENDENT : ADV LC SEREMANE Instructed by: MAPONYA INC. MMABATHO 11

IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG, PRETORIA)

IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG, PRETORIA) 1 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF

More information

IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA

IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA 1 NOT REPORTABLE IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA JOHANNESBURG CASE NO: 46854/2009 DATE: 29/04/2011 DELETE WHICHEVER IS NOT APPLICABLE REPORTABLE: YES/NO OF INTEREST TO OTHER JUDGES: YES/NO

More information

JUDGMENT. 1. In this action the plaintiff claims damages from the defendant, pursuant to the

JUDGMENT. 1. In this action the plaintiff claims damages from the defendant, pursuant to the IN THE HIGH COURT OF SOUTH AFRICA (SOUTH EASTERN CAPE LOCAL DIVISION) CASE NO: 1342/03 In the matter between: RAYMOND DYSSEL Plaintiff and ROAD ACCIDENT FUND Defendant JUDGMENT EBRAHIM J: Introduction

More information

REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...

More information

IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN

IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION,

More information

IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH COURT, MAHIKENG

IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH COURT, MAHIKENG SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH

More information

JUDGMENT. [1] The sole issue for adjudication in this action concerns the question of costs.

JUDGMENT. [1] The sole issue for adjudication in this action concerns the question of costs. IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION) CASE NO: EL 309/01 In the matter between: PULA MVULA MATSHIKWE Plaintiff and ROAD ACCIDENT FUND Defendant JUDGMENT EBRAHIM J: Introduction

More information

Road Accident Fund Act 56 of 1996 (RAFA)

Road Accident Fund Act 56 of 1996 (RAFA) Road Accident Fund Act 56 of 1996 (RAFA) Topic: Roads and Public Liability IN A CALABASH Introduction Road transportation is the major mode of transportation in South Africa. Despite a number of road laws

More information

LYDIA MAPHOKA LEKHEHLE

LYDIA MAPHOKA LEKHEHLE IN THE HIGH COURT OF SOUTH AFRICA (ORANGE FREE STATE PROVINCIAL DIVISION) Case No. : 6765/08 In the appeal between:- LYDIA MAPHOKA LEKHEHLE Appellant and ROAD ACCIDENT FUND Respondent HEARD ON: 10 MAY

More information

LEVEL 4 - UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS SUGGESTED ANSWERS JUNE 2015

LEVEL 4 - UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS SUGGESTED ANSWERS JUNE 2015 LEVEL 4 - UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS SUGGESTED ANSWERS JUNE 2015 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors

More information

B U R T & D A V I E S PERSONAL INJURY LAWYERS TAC COMMON LAW CLAIMS -

B U R T & D A V I E S PERSONAL INJURY LAWYERS TAC COMMON LAW CLAIMS - TAC COMMON LAW CLAIMS - DEFENCES In a common law damages claim, the person who brings the claim is called the Plaintiff. The person against who the claim is brought is called the Defendant. For the Plaintiff

More information

IN THE HIGH COURT OF JUSTICE HAROLD JOSEPH. And EWART THOMAS. 2005: June 7 th November 21 st JUDGMENT

IN THE HIGH COURT OF JUSTICE HAROLD JOSEPH. And EWART THOMAS. 2005: June 7 th November 21 st JUDGMENT ANTIGUA AND BARBUDA CLAIM NO: ANUHCV 2003/0364 BETWEEN: IN THE HIGH COURT OF JUSTICE HAROLD JOSEPH And EWART THOMAS Claimant Defendant Appearances: Mr George Lake for the Claimant Ms Turkessa Benjamin

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case No: 20794/2014 In the matter between: ESTEE BUNTON PIETER BUNTON FIRST APPELLANT SECOND APPELLANT and W A COETZEE AUTO & GENERAL

More information

IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT

IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT PRESENT: Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam MAC CASE NO. 48/2010 (Under Section 166of the MV Act)

More information

IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL: LAKHIMPUR : AT NORTH LAKHIMPUR. M.A.C.T CASE No.28/2013. P A R T I E S. -Versus-

IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL: LAKHIMPUR : AT NORTH LAKHIMPUR. M.A.C.T CASE No.28/2013. P A R T I E S. -Versus- 1 IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL: LAKHIMPUR : AT NORTH LAKHIMPUR M.A.C.T CASE No.28/2013. P A R T I E S Smti Amarawati Gogoi. Claimant. -Versus- 1. Hemanta Sonowal. ( Driver of vehicle

More information

COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL KAMRUP :: GUWAHATI. MAC Case No. 881 of 2011. Md Surjat Ali Claimant. Versus

COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL KAMRUP :: GUWAHATI. MAC Case No. 881 of 2011. Md Surjat Ali Claimant. Versus 1 COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL KAMRUP :: GUWAHATI Present :- B J Mahanta Member, MACT Kamrup, Guwahati MAC Case No. 881 of 2011 Md Surjat Ali Claimant Versus 1 Sri Sameswar Barman (Driver of

More information

THE CLAIMS-SETTLING PROCESS

THE CLAIMS-SETTLING PROCESS HSRC THE CLAIMS-SETTLING PROCESS 181 17 THE CLAIMS-SETTLING PROCESS 17.1 INTRODUCTION Road accident victims or their dependents may lodge a claim with the RAF within three years of an accident. In the

More information

IN THE SUPREME COURT OF SWAZILAND MOTOR VEHICLE ACCIDENT FUND. Motor Vehicle Accident Fund vs Mhawu Gwebu (29/2014) [2014] SZSC 61 (3 December 2014)

IN THE SUPREME COURT OF SWAZILAND MOTOR VEHICLE ACCIDENT FUND. Motor Vehicle Accident Fund vs Mhawu Gwebu (29/2014) [2014] SZSC 61 (3 December 2014) 1 IN THE SUPREME COURT OF SWAZILAND HELD AT MBABANE JUDGMENT Civil Appeal Case No.29/2014 In the matter between MOTOR VEHICLE ACCIDENT FUND Appellant And MHAWU GWEBU Respondent Neutral citation: Motor

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

IN THE OFFICE OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NO.2 KAMRUP, GUWAHATI

IN THE OFFICE OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NO.2 KAMRUP, GUWAHATI 1 IN THE OFFICE OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NO.2 KAMRUP, GUWAHATI Present Sri. H. C. Sarma, B. Sc., LLb. AJS MACT. Case No.490 of 2008 U/S 166 of the M.V. Act 1. Manabendra Malakar S/o Janardan

More information

Sri Jyoti @ Homen Konwar.

Sri Jyoti @ Homen Konwar. 1 IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL: LAKHIMPUR : AT NORTH LAKHIMPUR M.A.C.T CASE No. 36 / 2012. P A R T I E S Sri Jyoti @ Homen Konwar. Claimant. -Versus- 1. Sri Trilochan Gogoi. (Owner -cum-

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

IN THE COURT OF MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL, NAGAON (ASSAM) M.A.C. Case No.170/09

IN THE COURT OF MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL, NAGAON (ASSAM) M.A.C. Case No.170/09 IN THE COURT OF MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL, NAGAON (ASSAM) M.A.C. Case No.170/09 Md. Ramjan Ali : Claimant. -Vs- (1) Sri Karuna Mahanta (2) Sri Thomas Marsdi (3) Oriental Ins. Co. Ltd., and (4)

More information

Plaintiff moves the Court for judgment in the amount of. The question before the Court is whether the

Plaintiff moves the Court for judgment in the amount of. The question before the Court is whether the VIRGINIA : IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND PARTICIA A. MCDUFFIE, Plaintiff, PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, Case No.: CL06-5494-1 and Defendant, PROGRESSIVE CASUALTY INSURANCE

More information

COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL KAMRUP :: GUWAHATI Present :- Paran Kumar Phukan Member, MACT Kamrup, Guwahati MAC Case No.

COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL KAMRUP :: GUWAHATI Present :- Paran Kumar Phukan Member, MACT Kamrup, Guwahati MAC Case No. COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL KAMRUP :: GUWAHATI Present :- Paran Kumar Phukan Member, MACT Kamrup, Guwahati MAC Case No. 161/2010 1 Mrs Dipa Bora 2 Sri Moleswar Bora 3 Mrs Sarumai Bora 4 Miss

More information

CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL 32315-3730 (904) 224-6649/(800) 446-2998 * FAX (850) 222-6266

CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL 32315-3730 (904) 224-6649/(800) 446-2998 * FAX (850) 222-6266 CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL 32315-3730 (904) 224-6649/(800) 446-2998 * FAX (850) 222-6266 COUNTY AND COURT: Pasco County Florida NAME OF CASE:

More information

IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL SONITPUR, TEZPUR. MAC Case No. 93 of 2010

IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL SONITPUR, TEZPUR. MAC Case No. 93 of 2010 IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL SONITPUR, TEZPUR. MAC Case No. 93 of 2010 Sri Raja Paul S/o Sri Bimal Paul Lamabari, PO and PS Mazbhat, District: Udalguri Assam. Claimant (1) Mr Aju Cheje S/o Tadik

More information

Motor Accidents Compensation Amendment Act 2006 No 17

Motor Accidents Compensation Amendment Act 2006 No 17 New South Wales Motor Accidents Compensation Amendment Act 2006 No 17 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Consequential amendments

More information

Strict liability and compensation

Strict liability and compensation Strict liability and compensation THEDANISH MODEL Denmark in figures (2011) Population: App. 5.5 million Number of MTPL insurers: 72 Potential drivers age 18 70: App. 37 3.7 million Number of motor vehicles:

More information

IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668.

IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668. IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668. AND IN THE MATTER OF the Arbitration Act, S.O. 1991, c.17 AND IN THE MATTER OF AN ARBITRATION BETWEEN: STATE

More information

NPH INJURY REPORT. Personal Injury Legal Update & Benefits for NEPBA Members COPYRIGHT 2009, NOLAN PERRONI HARRINGTON, LLP. ALL RIGHTS RESERVED.

NPH INJURY REPORT. Personal Injury Legal Update & Benefits for NEPBA Members COPYRIGHT 2009, NOLAN PERRONI HARRINGTON, LLP. ALL RIGHTS RESERVED. NPH INJURY REPORT Personal Injury Legal Update & Benefits for NEPBA Members Economic Recovery for the Injured Law Enforcement Professional Some Important Facts There are several common sources of recovery

More information

JUDGMENT. TLM Company Limited (Appellant) v Bedasie and another (Respondent)

JUDGMENT. TLM Company Limited (Appellant) v Bedasie and another (Respondent) [2014] UKPC 25 Privy Council Appeal No 0023 of 2013 JUDGMENT TLM Company Limited (Appellant) v Bedasie and another (Respondent) From the Court of Appeal of the Republic of Trinidad and Tobago before Lord

More information

The Minister of Transport hereby publishes the above draft Bill and the

The Minister of Transport hereby publishes the above draft Bill and the 2 No. 38173 GOVERNMENT GAZETTE, 3 NOVEMBER 2014 No. CONTENTS INHOUD Page No. Gazette No. GENERAL NOTICE Transport, Department of General Notice 950 Road Accident Fund Amendment Bill, 2014: Publication

More information

DECISION AND JUDGMENT

DECISION AND JUDGMENT STATE OF MAINE SOMERSET, ss. SUPERIOR COURT CIVIL ACTION Docket No.: 10-CV -038 ' - Peter Pelletier, Plaintiff v. DECISION AND JUDGMENT Danielle Jackson, Defendant The Court conducted a jury-waived trial

More information

Personal Injury? What to Do?

Personal Injury? What to Do? Personal Injury? What to Do? 1 If you have been involved in a road traffic accident, an accident at work or an accident in a public place, you may be liable for a compensation! Every personal injury case

More information

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND Introduction The purpose of this paper is to alert the reader to concepts used in the defense of construction related lawsuits and to suggest how

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES L. MARTIN, Plaintiff Below- Appellant, v. NATIONAL GENERAL ASSURANCE COMPANY, Defendant Below- Appellee. No. 590, 2013 Court Below Superior Court of

More information

CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS

CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS FAILURE OF DEFENDANT TO INCLUDE PROPER CODE SECTION IN ANSWER AS TO STATUTE OF LIMITATIONS IN A CAR ACCIDENT CLAIM WAIVES THE BAR OF THE STATUTE

More information

INSTRUCTIONS FOR USE

INSTRUCTIONS FOR USE Uniform Personal Injury Interrogatories INSTRUCTIONS FOR USE A. All information is to be divulged which is in the possession of the individual or corporate party, his attorneys, investigator, agents, employees,

More information

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS At Richard Grogan & Associates we have Solicitors with significant experience and expertise who will advise and guide you through all matters relating to bringing

More information

IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL AT JORHAT

IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL AT JORHAT IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL AT JORHAT Present: Mr. P.K. Khanikar, B.Sc., LL.M., AJS Member, Motor Accident Claims Tribunal, JORHAT. JUDGMENT IN M.A.C. CASE NO. 17 OF 2011

More information

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN) Case No. CA 446/12 Date Heard: 5/8/13 Date Delivered: 19/8/13 Not Reportable

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN) Case No. CA 446/12 Date Heard: 5/8/13 Date Delivered: 19/8/13 Not Reportable IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN) Case No. CA 446/12 Date Heard: 5/8/13 Date Delivered: 19/8/13 Not Reportable In the matter between: OLIVER DAVID HART Plaintiff and ROAD ACCIDENT

More information

JAMAICA THE HON MRS JUSTICE HARRIS JA THE HON MR JUSTICE DUKHARAN JA THE HON MISS JUSTICE PHILLIPS JA BETWEEN GLENFORD ANDERSON APPELLANT

JAMAICA THE HON MRS JUSTICE HARRIS JA THE HON MR JUSTICE DUKHARAN JA THE HON MISS JUSTICE PHILLIPS JA BETWEEN GLENFORD ANDERSON APPELLANT [2012] JMCA Civ 43 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 37/2007 BEFORE: THE HON MRS JUSTICE HARRIS JA THE HON MR JUSTICE DUKHARAN JA THE HON MISS JUSTICE PHILLIPS JA BETWEEN GLENFORD

More information

MAC CASE NO.185/2013: U/S 166 OF THE M.V.ACT. Member, MACT, Golaghat

MAC CASE NO.185/2013: U/S 166 OF THE M.V.ACT. Member, MACT, Golaghat 1 P a g e IN THE COURT OF THE MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL, GOLAGHAT. MAC CASE NO.185/2013: U/S 166 OF THE M.V.ACT. Present: Md.A.U.Ahmed Member, MACT, Golaghat Sri Dilip Sarma Son of Sri Jogen

More information

IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL GOLAGHAT. MACT CASE NO. 77/2008 (Under Section 166 of the MV Act)

IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL GOLAGHAT. MACT CASE NO. 77/2008 (Under Section 166 of the MV Act) IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL GOLAGHAT MACT CASE NO. 77/2008 (Under Section 166 of the MV Act) Present: Smti. I. Barman Member, Motor Accident Claims Tribunal, Golaghat 1.

More information

SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5

SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5 SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5 Date: 20160105 Docket: Hfx No. 241129 Registry: Halifax Between: Cindy June Webber v. Plaintiff Arthur Boutilier and Dartmouth Central

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

Myburgh Attorneys HAVE YOU BEEN INJURED IN A CAR ACCIDENT? DO YOU KNOW SOMEBODY WHO HAS BEEN INJURED IN A CAR ACCIDENT? WHAT ARE YOUR RIGHTS?

Myburgh Attorneys HAVE YOU BEEN INJURED IN A CAR ACCIDENT? DO YOU KNOW SOMEBODY WHO HAS BEEN INJURED IN A CAR ACCIDENT? WHAT ARE YOUR RIGHTS? Myburgh Attorneys HAVE YOU BEEN INJURED IN A CAR ACCIDENT? OR DO YOU KNOW SOMEBODY WHO HAS BEEN INJURED IN A CAR ACCIDENT? WHAT ARE YOUR RIGHTS? THE ROAD ACCIDENT FUND (RAF) The RAF was created to compensate

More information

IGNATIUS HORE versus TRUST CHIVASA. HIGH COURT OF ZIMBABWE DUBE J HARARE, 27 February & 2 March 2015. Trial

IGNATIUS HORE versus TRUST CHIVASA. HIGH COURT OF ZIMBABWE DUBE J HARARE, 27 February & 2 March 2015. Trial 1 IGNATIUS HORE versus TRUST CHIVASA HIGH COURT OF ZIMBABWE DUBE J HARARE, 27 February & 2 March 2015 Trial S Musapatika, for the plaintiff ZM Kamusasa, for the defendant DUBE J: The plaintiff claims damages

More information

IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION)

IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION) IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION) Case No: 454/2005 In the matter between: JOHN PAGE PLAINTIFF and FIRST NATIONAL BANK MICHAEL M RIES FIRST DEFENDANT SECOND DEFENDANT

More information

MOTOR INSURER S BUREAU OF IRELAND

MOTOR INSURER S BUREAU OF IRELAND MOTOR INSURER S BUREAU OF IRELAND COMPENSATION OF UNINSURED ROAD ACCIDENT VICTIMS Agreement dated 29th January 2009 between the Minister for Transport and the Motor Insurers Bureau of Ireland (MIBI) AGREEMENT

More information

IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT. Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam

IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT. Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam Page 1 IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT PRESENT: Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam MAC CASE NO. 53/2011 (Under Section 163-A of

More information

Do You Have a Case? Truck Accident. ebooklet. Andrew Miller. 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676. www.starrausten.

Do You Have a Case? Truck Accident. ebooklet. Andrew Miller. 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676. www.starrausten. Do You Have a Case? Truck Accident ebooklet Andrew Miller 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676 www.starrausten.com Disclaimer No attempt is made to establish an attorney-client relationship

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 19, 2009. It is intended for information and reference purposes only.

More information

Soh Lay Lian Cherlyn v Kok Mui Eng

Soh Lay Lian Cherlyn v Kok Mui Eng This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher s duty in compliance with the law, for publication in LawNet and/or the Singapore

More information

BENEFITS COMPARISON BETWEEN RAF SCHEME AND THE PROPOSED RABS

BENEFITS COMPARISON BETWEEN RAF SCHEME AND THE PROPOSED RABS BENEFITS COMPARISON BETWEEN RAF SCHEME AND THE PROPOSED RABS Difference between RAF Scheme & RABS For purposes of the comparison, the current Road Accident Fund Act, No. 56 of 1996 (as amended on 1 August

More information

Transport Committee cycling consultation

Transport Committee cycling consultation Transport Committee cycling consultation Thompsons Solicitors has been standing up for the injured and mistreated since the firm was founded by Harry Thompson in 1921. We have fought for millions of people,

More information

In the Motor Accident Claims Tribunal, Kokrajhar. Present M. A. Choudhury. Member, MACT, Kokrajhar. MAC CASE NO 100 of 2011.

In the Motor Accident Claims Tribunal, Kokrajhar. Present M. A. Choudhury. Member, MACT, Kokrajhar. MAC CASE NO 100 of 2011. 1 In the Motor Accident Claims Tribunal, Kokrajhar. Present M. A. Choudhury. Member, MACT, Kokrajhar. MAC CASE NO 100 of 2011. 1. Smti Anita Brahma. Vs. 1. Sri Raja Basumatary. 2. Sri Amar Brahma. ----------------

More information

IN THE HIGH COURT OF LESOTHO. (Commercial Division) NEDBANK LESOTHO LIMITED. TSELISO CLOVIS MANYELI t/a COPY SHOP JUDGMENT

IN THE HIGH COURT OF LESOTHO. (Commercial Division) NEDBANK LESOTHO LIMITED. TSELISO CLOVIS MANYELI t/a COPY SHOP JUDGMENT IN THE HIGH COURT OF LESOTHO (Commercial Division) CCT/42/2010 In the matter between:- NEDBANK LESOTHO LIMITED APPLICANT And TSELISO CLOVIS MANYELI t/a COPY SHOP RESPONDENT JUDGMENT Coram : Honourable

More information

RESERVED JUDGMENT Delivered on: 29 January 2008. I shall in this matter refer to the parties as plaintiff and defendant.

RESERVED JUDGMENT Delivered on: 29 January 2008. I shall in this matter refer to the parties as plaintiff and defendant. IN THE HIGH COURT OF SOUTH AFRICA DURBAN AND COAST LOCAL DIVISION 6236/2007 BERNICE VIOLET COLLINS PLAINTIFF versus SERCO INDUSTRIES (PTY) LTD DEFENDANT RESERVED JUDGMENT Delivered on: 29 January 2008

More information

ROAD ACCIDENT FUND AMENDMENT BILL

ROAD ACCIDENT FUND AMENDMENT BILL REPUBLIC OF SOUTH AFRICA ROAD ACCIDENT FUND AMENDMENT BILL (As presented by the Portfolio Committee on Transport (National Assembly)) (The English text is the offıcial text of the Bill) (MINISTER OF TRANSPORT)

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP

More information

Downloaded from the website of the Data Protection Commissioner on 26 th July, 2011.

Downloaded from the website of the Data Protection Commissioner on 26 th July, 2011. Case Studies relating to privilege and solicitors Downloaded from the website of the Data Protection Commissioner on 26 th July, 2011. 6/2001 CASE STUDY 6/01 Legal firm identification of source of personal

More information

Number 31 of 2004 ARRANGEMENT OF SECTIONS. Preliminary and General

Number 31 of 2004 ARRANGEMENT OF SECTIONS. Preliminary and General Number 31 of 2004 CIVIL LIABILITY AND COURTS ACT 2004 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Orders and regulations. 4. Service

More information

LEVEL 4 - UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS SUGGESTED ANSWERS JANUARY 2015

LEVEL 4 - UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS SUGGESTED ANSWERS JANUARY 2015 LEVEL 4 - UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS SUGGESTED ANSWERS JANUARY 2015 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors

More information

BEFORE THE MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL:GOALPARA. M.A.C. Case No. 296/08 Sri Bhupen Ch. Barman. -Vs-

BEFORE THE MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL:GOALPARA. M.A.C. Case No. 296/08 Sri Bhupen Ch. Barman. -Vs- BEFORE THE MEMBER MOTOR ACCIDENT CLAIMS Present: Mr. V.K.Chandak,A.J.S, Member M.A.C.T., Goalpara TRIBUNAL:GOALPARA M.A.C. Case No. 296/08 Sri Bhupen Ch. Barman -Vs- 1. The Divisional Manager, Oriental

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

3 M/s Network Travels (Owner of above vehicle) Opp Parties

3 M/s Network Travels (Owner of above vehicle) Opp Parties 1 COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL NO. I KAMRUP :: GUWAHATI Present :- B J Mahanta Member, MACT-I Kamrup, Guwahati MAC Case No. 872 of 2012 Sri Anil Prasad Claimant Versus 1 M/s New India Assurance

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA Date: 19980330 Docket: 23520 Registry: Kamloops IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: WILLIAM LLOYD FUNNELL PLAINTIFF AND: CITY OF KAMLOOPS DEFENDANT REASONS FOR JUDGMENT OF THE HONOURABLE

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

IN THE HIGH COURT OF AUSTRALIA -T-UL-L-Y-

IN THE HIGH COURT OF AUSTRALIA -T-UL-L-Y- n IN THE HIGH COURT OF AUSTRALIA -T-UL-L-Y- V. b e a c h...a n d. o t h e r s REASONS FOR JUDGMENT t u l l y v. BEACH AND OTHERS - JUDGMENT (o r a l ). JUDGMENT OF THE COURT DELIVERED BY DIXON C.J. COMM:

More information

In the Motor Accident Claims Tribunal, Kokrajhar. Present M. A. Choudhury. Member, MACT, Kokrajhar. MAC CASE NO 74 of 2011.

In the Motor Accident Claims Tribunal, Kokrajhar. Present M. A. Choudhury. Member, MACT, Kokrajhar. MAC CASE NO 74 of 2011. 1 In the Motor Accident Claims Tribunal, Present M. A. Choudhury. MAC CASE NO 74 of 2011. Md Iman Ali -------------------- Claimant. Vs. 1. Bajaj Allianz General Insurance Co. Ltd. 2. Md Sahidul Islam.

More information

Case Name: Trainor v. Barker

Case Name: Trainor v. Barker Page 1 Case Name: Trainor v. Barker Between Patricia Trainor, David Bruce Trainor, Carl Phillip Trainor and Deanna Rachael Trainor by her litigation guardian Patricia Trainor, Plaintiffs, and Aaron Gary

More information

Cycling and the Law: Know your Rights!

Cycling and the Law: Know your Rights! Cycling and the Law: Know your Rights! Patrick Brown Rights of The Injured Cyclist When a cyclist is struck by a car or truck, the injuries to the cyclist can be significant. It can have a dramatic impact

More information

IN THE HIGH COURT OF SOUTH AFRICA (ORANGE FREE STATE PROVINCIAL DIVISION) Case No.: 4535/2005 In the case between: S. E. NCANGISA Plaintiff

IN THE HIGH COURT OF SOUTH AFRICA (ORANGE FREE STATE PROVINCIAL DIVISION) Case No.: 4535/2005 In the case between: S. E. NCANGISA Plaintiff IN THE HIGH COURT OF SOUTH AFRICA (ORANGE FREE STATE PROVINCIAL DIVISION) Case No.: 4535/2005 In the case between: S. E. NCANGISA Plaintiff and ROAD ACCIDENT FUND Defendant JUDGMENT: RAMPAI, J HEARD ON:

More information

Reports or Connecticut Appellate Reports, the

Reports or Connecticut Appellate Reports, the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

Personal Injury Claims Involving Motorcyclists. Richard Cole Barrister, Civitas Law. www.civitaslaw.com. Introduction

Personal Injury Claims Involving Motorcyclists. Richard Cole Barrister, Civitas Law. www.civitaslaw.com. Introduction Personal Injury Claims Involving Motorcyclists Richard Cole Barrister, Civitas Law www.civitaslaw.com Introduction Case law emanating from the appellate courts concerning road traffic accidents often involve

More information

IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT. Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam

IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT. Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam Page 1 IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT PRESENT: Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam MAC CASE NO.16/2010 (Under Section 166 of the

More information

FACT PATTERN ONE. The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308

FACT PATTERN ONE. The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308 FACT PATTERN ONE The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308 The infant plaintiff developed a large blood clot in his brain at some time either before or during the

More information

--- Magistrate B Wright. Melbourne REASONS FOR DECISION ---

--- Magistrate B Wright. Melbourne REASONS FOR DECISION --- !Undefined Bookmark, I IN THE MAGISTRATES COURT OF VICTORIA AT MELBOURNE X02556418 MARCUS NICOLAIDIS Plaintiff v MEDIA V PTY LTD Defendant --- MAGISTRATE: Magistrate B Wright WHERE HELD: Melbourne DATE

More information

IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL SONITPUR: TEZPUR. MAC Case No. :- 80/2010

IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL SONITPUR: TEZPUR. MAC Case No. :- 80/2010 Page 1 of 8 IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL SONITPUR: TEZPUR MAC Case No. :- 80/2010 Present : Mridul Kumar Kalita, AJS Member, MACT, Sonitpur/ District Judge, Sonitpur Tezpur Claimants Opposite

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 03-CV-1445. Appeal from the Superior Court of the District of Columbia (CA-3748-02)

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 03-CV-1445. Appeal from the Superior Court of the District of Columbia (CA-3748-02) Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

14-05313-16 CAUSE NO. JULIE TORBERT, as next friend of IN THE DISTRICT COURT PHILIP ORMSTON V. DENTON COUNTY, TEXAS

14-05313-16 CAUSE NO. JULIE TORBERT, as next friend of IN THE DISTRICT COURT PHILIP ORMSTON V. DENTON COUNTY, TEXAS 14-05313-16 CAUSE NO. FILED: 7/15/2014 1:32:23 PM SHERRI ADELSTEIN Denton County District Clerk By: Heather Goheen, Deputy JULIE TORBERT, as next friend of IN THE DISTRICT COURT PHILIP ORMSTON Plaintiff

More information

IN THE COURT OF MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL, NAGAON (ASSAM) M.A.C. Case No.97/06

IN THE COURT OF MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL, NAGAON (ASSAM) M.A.C. Case No.97/06 IN THE COURT OF MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL, NAGAON (ASSAM) M.A.C. Case No.97/06 Sri Misimal Bordoloi : Claimant. -Vs- (1) Sri Naren Baishya (2) United India Ins. Co. Ltd., (3) Sri Prabal Kakati

More information

DEPARTMENT OF TRANSPORT

DEPARTMENT OF TRANSPORT DEPARTMENT OF TRANSPORT No. R.. Date ROAD ACCIDENT FUND ACT, 1996 ROAD ACCIDENT FUND REGULATIONS, 2008 The Minister of Transport has, under section 26 of the Road Accident Fund Act, 1996 (Act No. 56 of

More information

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq.

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq. rightlawyers.com RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers

More information

Bus Passenger Accident Guide. Winston Solicitors LLP

Bus Passenger Accident Guide. Winston Solicitors LLP Bus Passenger Accident Guide Winston Solicitors LLP Compensation guide If you are unlucky enough to be injured in an incident whilst travelling on a bus or other public transport vehicle, it is important

More information

IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT. Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam

IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT. Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam Page 1 IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT PRESENT: Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam MAC CASE NO.133/2009 (Under Section 166 of the

More information

District : Lakhimpur. IN THE COURT OF DISTRICT JUDGE : LAKHIMPUR : AT NORTH LAKHIMPUR.

District : Lakhimpur. IN THE COURT OF DISTRICT JUDGE : LAKHIMPUR : AT NORTH LAKHIMPUR. 1 High Court Form No.(J)3. HEADING OF JUDGMENT IN THE APPEAL. District : Lakhimpur. IN THE COURT OF DISTRICT JUDGE : LAKHIMPUR : AT NORTH LAKHIMPUR. PRESENT : Sri A.K.Das, District Judge, Lakhimpur, North

More information

DISTRICT: DARRANG IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL::DARRANG::MANGALDAI (CIVIL ORIGINAL JURISDICTION)

DISTRICT: DARRANG IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL::DARRANG::MANGALDAI (CIVIL ORIGINAL JURISDICTION) DISTRICT: DARRANG IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL::DARRANG::MANGALDAI (CIVIL ORIGINAL JURISDICTION) Name of Parties: Ref: MAC Case No.74 of 2011 1. Mustt. Jamina Khatun----------------------------------------Claimant

More information

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS STATES OF JERSEY r DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS 201- Lodged au Greffe on 13th December 2012 by the Minister for Health and Social Services STATES GREFFE

More information

LOUISIANA PERSONAL INJURY ACCIDENT BASICS

LOUISIANA PERSONAL INJURY ACCIDENT BASICS LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances

More information

-Vs- 1. Md. Farman Ali S/o Md. Bujir Ali P/o Monowa P.S.-Mukaluwa Dist.-Nalbari, Assam

-Vs- 1. Md. Farman Ali S/o Md. Bujir Ali P/o Monowa P.S.-Mukaluwa Dist.-Nalbari, Assam 1 IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, NO.2 KAMRUP, GUWAHATI Present Sri. H. C. Sarma, B. Sc., LLb. AJS MACT. Case No.1833/2011 U/S 166 of Motor Vehicle Act 1. Mrs Saleha Begum W/o Lt. Safedar

More information

What to expect when you are injured in a New York accident!

What to expect when you are injured in a New York accident! What to expect when you are injured in a New York accident! An ebook by Stuart DiMartini 1325 Sixth Avenue, 27 th Floor New York, NY 10019 dimartinilaw.com 2012 Law Offices of Stuart DiMartini P a g e

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC ) Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES

CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES Application and interpretation of this Chapter 43.1.-(1) Subject to paragraph (4) and rule 43.1A (actions based on clinical negligence).

More information

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 12-107 ************

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 12-107 ************ STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 12-107 THELMA M. HODGES AND MARCUS J. McCOY VERSUS MICHAEL A. TAYLOR ************ APPEAL FROM THE THIRTY-FIRST JUDICIAL DISTRICT COURT PARISH OF JEFFERSON

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE B.MANOHAR. MFA.No.3461/2011 A/W MFA.CROB.NO.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE B.MANOHAR. MFA.No.3461/2011 A/W MFA.CROB.NO. 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 23 RD DAY OF JULY 2014 BEFORE THE HON BLE MR. JUSTICE B.MANOHAR MFA.No.3461/2011 A/W MFA.CROB.NO.122/2011 (MV) MFA.NO.3461/2011 BETWEEN: LOURDU

More information