TECHNIQUES IN TRIAL AND
LITIGATION – TLI4801
Assignment 01: 726196
, 1
PARTICULARS OF CLAIM
Introduction
These Claims arise from the death of John William smith (deceased) who was in a
motor vehicle accident and subsequently died at the scene of the accident. The
Deceased was married with children.
The Parties
1.
1.1 The first plaintiff is Mrs. Anne Smith, to be referred to as Anne from here on, born
October 6, 1969. She resides at 18 Dynamite Place in Cape Town in the Western
Cape.
1.2 The Second Plaintiff Is Anne Elise Smith, the daughter of Anne Smith born 03
July 2006 (represented by the first plaintiff as the guardian)
1.3 The Third Plaintiff is James Andrew Smith, the son of Anne Smith, born 19
August 2004 ( Also Represented by the first plaintiff)
1.4 The defendant is Mr. Joe Soap, a Carpenter of Gravity Street in Cape Town.
1.5 The Second Defendant is The Road Accident Fund – Standard Bank,
hanstrijdom avenue, Cape Town city Centre, 8001
2 The Deceased is John William Smith, born 5 May 1965, was married to the first
plaintiff Anne Smith in community of property at NG Lucas Kerk in Cape Town on
TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Assignment 01: 726196
, 2
the 3rd of August 1991. The Second Plaintiff and the Third plaintiff were born from
the Marriage of the Deceased and the First Plaintiff.
The Collision
3 On the 6 of August 2018, the first plaintiff was driving her Honda, registration NPN
2001, along Clover Street in Cape Town, Waterfront. Was driving with the deceased
in the passenger seat and the second and third plaintiff were in the back seat. The
all had seat belts on.
3.1 When the first Plaintiff Approached the Intersection at Clover Street, the light turned
green in her favor, and she travelled through the intersection at 50 kilometers per
hour.
3.2 As she was travelling through the intersection, the defendant cam at high speed
from her right side and struck her car.
3.3 The car spun around and collided with its left hand side against the light pole on the
SW corner of the intersection.
3.4 The first respondent was badly injured in the collision, the second and third plaintiff
were in a coma summarily after the accident.
3.5 The First Plaintiff’s husband died at the scene of the accident.
The Defendant’s Negligence (insured driver)
TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Assignment 01: 726196
LITIGATION – TLI4801
Assignment 01: 726196
, 1
PARTICULARS OF CLAIM
Introduction
These Claims arise from the death of John William smith (deceased) who was in a
motor vehicle accident and subsequently died at the scene of the accident. The
Deceased was married with children.
The Parties
1.
1.1 The first plaintiff is Mrs. Anne Smith, to be referred to as Anne from here on, born
October 6, 1969. She resides at 18 Dynamite Place in Cape Town in the Western
Cape.
1.2 The Second Plaintiff Is Anne Elise Smith, the daughter of Anne Smith born 03
July 2006 (represented by the first plaintiff as the guardian)
1.3 The Third Plaintiff is James Andrew Smith, the son of Anne Smith, born 19
August 2004 ( Also Represented by the first plaintiff)
1.4 The defendant is Mr. Joe Soap, a Carpenter of Gravity Street in Cape Town.
1.5 The Second Defendant is The Road Accident Fund – Standard Bank,
hanstrijdom avenue, Cape Town city Centre, 8001
2 The Deceased is John William Smith, born 5 May 1965, was married to the first
plaintiff Anne Smith in community of property at NG Lucas Kerk in Cape Town on
TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Assignment 01: 726196
, 2
the 3rd of August 1991. The Second Plaintiff and the Third plaintiff were born from
the Marriage of the Deceased and the First Plaintiff.
The Collision
3 On the 6 of August 2018, the first plaintiff was driving her Honda, registration NPN
2001, along Clover Street in Cape Town, Waterfront. Was driving with the deceased
in the passenger seat and the second and third plaintiff were in the back seat. The
all had seat belts on.
3.1 When the first Plaintiff Approached the Intersection at Clover Street, the light turned
green in her favor, and she travelled through the intersection at 50 kilometers per
hour.
3.2 As she was travelling through the intersection, the defendant cam at high speed
from her right side and struck her car.
3.3 The car spun around and collided with its left hand side against the light pole on the
SW corner of the intersection.
3.4 The first respondent was badly injured in the collision, the second and third plaintiff
were in a coma summarily after the accident.
3.5 The First Plaintiff’s husband died at the scene of the accident.
The Defendant’s Negligence (insured driver)
TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Assignment 01: 726196
