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JUDGMENT INTRODUCTION/BACKGROUND - …

IN THE HIGH COURT OF SOUTH AFRICA(NATAL PROVINCIAL DIVISION)CASE NO: 3576/05In the matter between:ALLISTAIR POVL McINTOSHPLAINTIFFandPREMIER OF THE PROVINCE OF KWAZULU NATAL FIRST DEFENDANTMEC FOR THE DEPARTMENT OF TRANSPORTFOR KWAZULU-NATAL SECOND DEFENDANTJUDGMENTKRUGER J: INTRODUCTION/BACKGROUNDOn 21st August 2004 the Plaintiff and a group of friends cycled along the P164 Road leading from Kamberg to Rosetta. What was intended to have been a pleasant and uneventful ride in the country side did not materialize as the Plaintiff, whilst allegedly taking evasive action in order to avoid a pothole, was unceremoniously separated from his bicycle and seriously injured. In consequence thereof the Plaintiff instituted an action for damages. At the commencement of the trial and with the consent of the parties, the issues of quantum and liability were separated. The trial proceeded on the question of liability THE HIGH COURT OF SOUTH AFRICAThe following facts are either common cause or have been admitted during the course of proceedings: The Plaintiff was a cyclist on Road P164.

in the high court of south africa (natal provincial division) case no: 3576/05 in the matter between: allistair povl mcintosh plaintiff and premier of …

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