Woman sues dealership for R400,000 after Mercedes-Benz was returned in worse condition

A woman has launched a R400,000 legal battle after her Mercedes-Benz GLC 220d was towed for repairs following a breakdown , only for her to later discover what she believed was a deterioration in the vehicle’s condition.

The dispute, which dates back to April 2019, has now reached an appeal court where the dealership is challenging testimony from a witness who migrated to Germany.

According to the judgment, the woman was driving her 2016 Mercedes-Benz GLC 220d along Lydenburg Road in Mpumalanga in April 2019 when the vehicle broke down.

She contacted roadside assistance and her vehicle was towed to Garden City Motors for repairs. The dealership specialises in Mercedes-Benz models

However, when she later examined the Mercedes-Benz, she believed its condition was worse than when she had handed it over.

The woman sought a second opinion from experts, who reportedly confirmed her suspicions about the vehicle’s condition. She then demanded compensation from the company, but the company disputed liability.

The woman subsequently instituted proceedings in the Mbombela Regional Court in August 2020, suing the company for approximately R400,000.

The matter proceeded to trial, with the woman and her expert, Mr Faltermeier, giving evidence in February 2022.

While the woman was cross-examined, the cross-examination of her expert had not yet taken place when the matter was postponed indefinitely at the request of the company.

The company wanted to consult before proceeding with the expert’s cross-examination. Four years later, the expert had still not returned to court, while the magistrate who had originally presided over the matter had retired.

The lengthy delay created a further complication for the woman’s case.

Her expert had relocated to Germany and was no longer able to return to South Africa to give evidence in person.

The woman therefore applied for permission for the expert to testify via an audiovisual link.

The application was made under Rule 26A of the Magistrates’ Courts Rules, which provides for audiovisual evidence in civil proceedings.