Dippenaar blames Joschko for crash
Jandré Dippenaar is fighting a N$11.5 million lawsuit brought against him by the guardian of the survivor of a 2014 horror crash that claimed six lives.
Jandré Dippenaar has placed the blame for a crash in which six people died squarely on the shoulders of Markus Walter Joschko, who was also among the casualties in the 2014 accident.
This is according to papers filed in the High Court in a civil suit brought by Annette Ingeborg Schlösinger, a resident of Berlin, Germany who is the guardian of Antonia Joschko, born on 21 May 1998.
Schlösinger is suing Dippenaar for N$11.5 million.
In his papers, Dippenaar alleges that Joschko was negligent, as he did not obey the rules of the road, drove on the wrong side and did not keep a proper lookout for oncoming traffic.
“He caused and allowed the vehicle he was driving to cross over the middle line into the lane and path of oncoming traffic, more especially the vehicle driven by the defendant, whilst it was dangerous and inopportune to do so,” Dippenaar argued. According to him, Joschko caused or allowed the bakkie he drove to collide with his vehicle in the oncoming lane.
“Joschko failed to exercise the degree of care, normally expected from a reasonable driver under the same circumstances. He failed to take all reasonable and necessary steps to avoid the said collision, whilst he was able to do so.
Antonia survived the December 2014 horror crash on the national road near Henties Bay, in which her parents and a sister lost their lives.
According to court documents the minor has been deprived of the maintenance and support to which she was accustomed and which she would have continued to receive, had it not been for the death of her parents.
Her claim stems from a car accident on the C34 national road on 29 December 2014 near Henties Bay in which Joschko and his wife Dorethea Schemick Joschko and their 19-year-old daughter Alexandra Marlene Joschko were killed.
“The collision was caused by the sole negligence of Dippenaar. He drove under the influence of alcohol and without a driver's license, did not obey rules of the road and speeded under the prevailing traffic and meteorological conditions,” Schlösinger maintained in her particulars of claim.
She further claimed Dippenaar did not keep a proper lookout for oncoming or overtaking traffic, failed to apply his brakes, overtook another vehicle while it was not safe and drove over the centre line of the road and into the lane and path of oncoming traffic.
The collision between a Toyota FJ Cruiser with registration number N8163W, which was driven by Dippenaar and a Ford Ranger double cab driven by Joschko, killed six. Antonia, also travelling in the Ford Ranger, was the only survivor, along with Dippenaar.
Dippenaar pleaded in his papers that the claim against him be dismissed with costs.
He specifically denied that Schlössinger, in terms of her appointment as Antonia's guardian, is entitled and or authorised to institute the present action against him and demands proof thereof.
Even though he denied he was negligent, he pleaded that the collision was caused solely as a result of the negligent driving of the driver of the Ford Ranger double cab.
FRED GOEIEMAN
This is according to papers filed in the High Court in a civil suit brought by Annette Ingeborg Schlösinger, a resident of Berlin, Germany who is the guardian of Antonia Joschko, born on 21 May 1998.
Schlösinger is suing Dippenaar for N$11.5 million.
In his papers, Dippenaar alleges that Joschko was negligent, as he did not obey the rules of the road, drove on the wrong side and did not keep a proper lookout for oncoming traffic.
“He caused and allowed the vehicle he was driving to cross over the middle line into the lane and path of oncoming traffic, more especially the vehicle driven by the defendant, whilst it was dangerous and inopportune to do so,” Dippenaar argued. According to him, Joschko caused or allowed the bakkie he drove to collide with his vehicle in the oncoming lane.
“Joschko failed to exercise the degree of care, normally expected from a reasonable driver under the same circumstances. He failed to take all reasonable and necessary steps to avoid the said collision, whilst he was able to do so.
Antonia survived the December 2014 horror crash on the national road near Henties Bay, in which her parents and a sister lost their lives.
According to court documents the minor has been deprived of the maintenance and support to which she was accustomed and which she would have continued to receive, had it not been for the death of her parents.
Her claim stems from a car accident on the C34 national road on 29 December 2014 near Henties Bay in which Joschko and his wife Dorethea Schemick Joschko and their 19-year-old daughter Alexandra Marlene Joschko were killed.
“The collision was caused by the sole negligence of Dippenaar. He drove under the influence of alcohol and without a driver's license, did not obey rules of the road and speeded under the prevailing traffic and meteorological conditions,” Schlösinger maintained in her particulars of claim.
She further claimed Dippenaar did not keep a proper lookout for oncoming or overtaking traffic, failed to apply his brakes, overtook another vehicle while it was not safe and drove over the centre line of the road and into the lane and path of oncoming traffic.
The collision between a Toyota FJ Cruiser with registration number N8163W, which was driven by Dippenaar and a Ford Ranger double cab driven by Joschko, killed six. Antonia, also travelling in the Ford Ranger, was the only survivor, along with Dippenaar.
Dippenaar pleaded in his papers that the claim against him be dismissed with costs.
He specifically denied that Schlössinger, in terms of her appointment as Antonia's guardian, is entitled and or authorised to institute the present action against him and demands proof thereof.
Even though he denied he was negligent, he pleaded that the collision was caused solely as a result of the negligent driving of the driver of the Ford Ranger double cab.
FRED GOEIEMAN
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