On 2nd April 2021, Mrs A Smith was driving her car, a Honda with registration number TN565GP along Long Street, Johannesburg. Her husband Mr Smith was seated in the passenger seat and her two children were seated in the back seats. They all had their seat belts. As Mrs Smith approached the intersection of Green Street, the lights turned green in her favour, and she drove through the intersection. A car driven by Mr Joe Soap approached from the right and collided with Mrs Smith's vehicle. Mrs Smith and her family have all sustained personal injuries and her car was also damaged as a result of the collision. Mrs Smith approaches you for legal advice. Answer the following questions, using proper references.

QUESTION

Mr Soap blames Mrs Smith for the collision and he denies any liability. He instructs his attorney to institute an action against Mrs Smith to recover damages to his car and personal injuries sustained by him in the accident. How would you draft the pleading that Mr Soap will use to recover his damages and injuries?

JURISDICTION IS SOUTH AFRICA & THE COURSE IS: TECHNIQUES IN TRIAL & LITIGATION