Hermanus road rage incident leads to decade-long legal battle
A road rage incident on the R43 leads to a decade of legal disputes between two Hermanus businessmen.
Image: AI RON
A bitter legal feud between two Hermanus businessmen, which began after a road rage incident on the R43 nearly ten years ago, has finally been put to rest.
The long-running dispute stemmed from a confrontation on November 21, 2015, when Michael Green, driving his Suzuki Jimny, was involved in a collision with a Mercedes-Benz driven by Michael Harvey, with his wife, Amanda, in the passenger seat.
According to court documents, the Mercedes continued driving and took the Kleinmond turn-off before stopping.
Harvey later claimed he had tried to get away from Green. “I attempted to get away by taking the Kleinmond turn-off,” he said, explaining that he stopped to inspect the damage, believing he had distanced himself from the Suzuki. Green, however, allegedly followed and stopped behind him on the edge of an embankment.
What followed was a heated altercation that led to criminal charges, civil claims and years of courtroom battles. Green was arrested the next day and charged with assault with intent to do grievous bodily harm, as well as reckless and negligent driving. He was later acquitted of all charges.
The allegation in the civil matter was that Harvey had overtaken Green and then suddenly applied his brakes, causing Green to rear-end him.
Hermanus businessmen, Michael Harvey (Left) and Michael Green (right), have settled their legal feud following a road rage incident nearly a decade ago.
Image: Murray Swart
Last week, the case returned to the Cape High Court, where Harvey sought R1.79 million in damages — including R1 million for future medical expenses, nearly R600 000 for loss of income, R117 000 in hospital bills, and R200 000 for reduced earning capacity.
He claimed the altercation left him with severe injuries and almost no function in his left arm and shoulder, forcing him into early retirement. He also testified that he continues to suffer from post-traumatic stress disorder.
After years of legal wrangling, the drawn-out case finally came to an end when a settlement was reached last Wednesday.
“The case was finalised last week,” said Green’s legal representative, Sakkie Kroukam. “Mrs Harvey withdrew her claim against Mr Green a few days before the trial (in the High Court).”
“The trial started on Monday but by Wednesday, Mrs Harvey was still under cross-examination (as a witness). During the lunch break, their advocate approached us and they withdrew all claims against Green and made a contribution towards his costs.”
Green’s counterclaim was not pursued any further once the claimant had paid a contribution towards his legal expenses, bringing an end to nearly a decade of litigation.