Pretoria - The Gauteng High Court, Pretoria, has dismissed a R1.99 million damages claim by a victim of a road-rage incident, blaming the incident on inflated male egos.
Jaco Nelson, a 32-year-old Benoni technician claimed R1.9m from dental laboratory assistant Andre Schutte, 51, after Schutte had shot him the stomach in a fit of rage, resulting in his kidney and a section of his colon having to be removed.
Nelson told the court Schutte was the aggressor and that he had shot him on purpose and at point-blank range. Schutte said he had fired the shot in self-defence.
The case had Acting Judge C R Jansen scratching his head to determine who was telling the truth about the December 2013 matter.
The judge found that neither men played open cards with the court.
It is, however, not in dispute that Nelson was shot on the evening of December 13, 2012, on the N12 highway, on the outskirts of Benoni.
“What was supposed to be an ordinary evening in the period approaching the Christmas season ended in a most unfortunate and avoidable tragedy,” the judge said.
Nelson and three of his apprentices were returning from a year-end function. Schutte was returning from work at his laboratory, with his wife.
Nelson swore he only had a beer or three that evening, but the judge commented this might have been more, as it is clear that alcohol consumption played a role in the events.
Nelson said he and his apprentices were driving along the N12 in the right hand lane, passing the slower vehicles.
Schutte came charging down in the same lane in his bakkie and flashed lights at Nelson, whom he wanted to overtake. Schutte moved into the left hand lane at the same time as Nelson and the bumpers of the two vehicles made contact.
Both parties stopped on the shoulder of the road and according to Nelson, he jumped out his car and hurled abuse at Schutte.
According to him Schutte turned around and fetched his firearm in the car.
Schutte denied that he pointed his firearm at Nelson, but the latter was adamant that he did. Nelson and his apprentices jumped back into their car and Schutte got in his and drove off.
However, he noticed that Nelson was following him and a high-speed chase ensued, as Nelson was enraged.
Schutte suddenly slammed on his brakes and Nelson's vehicle hit him.
By this time Nelson was livid and he jumped out of his car and stormed down on Schutte. The latter got out of his bakkie, as he was not sure whether he could drive further due to the damage to it.
Nelson, being in a “vile mood” and in a state of “complete rage”, attacked Schutte with his bare hands. Schutte fired a single shot at Nelson, hitting him in the stomach.
The judge remarked that if their inflated egos had not come into play, they would have driven to the police station before the tragic events.
The judge accepted that Schutte felt his life was in danger when he shot at Nelson and that he thus acted in self-defence.
In turning down the claim, the judge however, ordered that each paid his own legal costs.