De Maayer v Serebro and Another; Serebro v Road Accident Fund and Another

A motor vehicle collision occurred on 6 August 1998 at the intersection of Katherine and Amalinda Streets, Sandown, Gauteng, between a Ford Sierra driven by the insured driver (insured by the Road Accident Fund) and a Ford Tracer driven by Dr Tim de Maayer. Dr Terry Serebro, a passenger in the Tracer, sustained serious injuries. She sued the Road Accident Fund (RAF) for damages, and the RAF joined De Maayer as a third party, alleging contributory negligence. The plaintiff also issued a conditional third-party claim against De Maayer. The trial court found the insured driver solely negligent. On appeal, the Full Court absolved the RAF and later, in a second appeal, found De Maayer exclusively negligent. Multiple applications for special leave to appeal followed, raising procedural and substantive issues.

The plaintiff’s appeal was struck from the roll with costs. The third party’s appeal against the finding of exclusive negligence was dismissed with costs.

The case is significant for confirming the finality of refusals of special leave to appeal by the Supreme Court of Appeal and reinforcing the doctrine of functus officio. Substantively, it clarifies the approach to determining negligence in intersection collisions, the limits of the Galante principle, and the treatment of expert evidence based on unproven assumptions in delictual claims involving the Road Accident Fund.