TLI4801 - Techniques in Trial and Litigation Assignment

TLI4801 - Techniques in Trial and Litigation Assignment 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, 80012 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 onthe 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)4 Mr. Joe Soap (Defendant) was negligent in his driving, and in his negligence he was the sole cause of the collision. 4.1 The defendant failed to keep a proper look out while driving through the intersection. 4.2 The Defendant failed to keep the vehicle he was driving under proper control of road rules 4.3 The defendant was driving at high speed, he exceeded the Speed limit set for road (he was driving above 60 kilometers per hour