A N v Road Accident Fund (3865/2018) [2019] ZAGPJHC 382 (8 October 2019)

A N v Road Accident Fund (3865/2018) [2019] ZAGPJHC 382 (8 October 2019)

The court found that while the plaintiff had pre-existing vulnerabilities due to a prior leg fracture and diabetes, these factors only marginally increased the risk to future earning capacity. Given the plaintiff's age and the relatively short remaining working life of 15 years, a 10% pre-morbid contingency deduction was deemed just and reasonable. The court accepted the parties' agreement on a 25% post-accident contingency deduction. The calculation of damages was based on the agreed earnings figure of R6,400,062, less the respective contingency deductions, resulting in a future loss of income of R960,009.30. This amount was further reduced by the agreed apportionment of 20% against the...

Citation
[2019] ZAGPJHC 382
Parties
Plaintiff: Ndlovu, Again Masitha; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 October 2019
Case Number
3865/2018
Procedural Posture
Civil Trial / Determination of Contingency Deduction for Future Loss of Earnings
Outcome
Plaintiff awarded damages for future loss of earnings, subject to contingency deductions and apportionment.
Judges
Wright
Legal Topics
Future Loss of Earnings, Contingency Deduction, Personal Injury, Apportionment of Damages
Civil Procedure Delict Future Loss of Earnings Contingency Deduction Personal Injury Apportionment of Damages

Case Brief

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Parties

Ndlovu, Again Masitha

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Determination of Contingency Deduction for Future Loss of Earnings

Legal Issues

  1. 1 What is the appropriate contingency deduction to be applied to the plaintiff's pre-morbid earnings scenario for future loss of earnings?
  2. 2 How should the plaintiff's pre-existing medical conditions affect the contingency deduction?
  3. 3 What is the correct calculation of damages for future loss of earnings given the agreed figures and apportionment?

Ratio Decidendi

The court found that while the plaintiff had pre-existing vulnerabilities due to a prior leg fracture and diabetes, these factors only marginally increased the risk to future earning capacity. Given the plaintiff's age and the relatively short remaining working life of 15 years, a 10% pre-morbid contingency deduction was deemed just and reasonable. The court accepted the parties' agreement on a 25% post-accident contingency deduction. The calculation of damages was based on the agreed earnings figure of R6,400,062, less the respective contingency deductions, resulting in a future loss of income of R960,009.30. This amount was further reduced by the agreed apportionment of 20% against the...

Court Disposition

Plaintiff awarded damages for future loss of earnings, subject to contingency deductions and apportionment.

Orders

  • The issue of future loss of earnings is separated from all other issues, which are postponed sine die.
  • The defendant is to pay the plaintiff R768,007.44 for future loss of earnings.