A R and Another v Road Accident Fund (2012/2429) [2018] ZAGPJHC 637 (29 November 2018)

A R and Another v Road Accident Fund (2012/2429) [2018] ZAGPJHC 637 (29 November 2018)

The court found that, while the plaintiff retained above-average intellectual ability and had successfully completed tertiary education and was functioning capably in employment, expert evidence established that cognitive deficits may render him susceptible to compromised higher order executive functioning in the future. The court accepted the actuarial scenario (Basis IB) applying a 25% contingency deduction pre-morbid and 20% post-morbid, resulting in a net future loss of earnings of R565,970. General damages were assessed at R450,000, considering the nature and severity of the injuries, emotional trauma, and comparative case law. The total award was R1,015,970. Costs were awarded to...

Citation
[2018] ZAGPJHC 637
Parties
Plaintiff: A R; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 November 2018
Case Number
2012/2429
Procedural Posture
Civil Trial / Quantum Determination After Liability Settled
Outcome
Plaintiff's claim for future loss of earnings and general damages succeeds. Defendant ordered to pay aggregate capital sum of R1,015,970, provide statutory undertaking for future medical expenses, and pay costs.
Judges
Maier-Frawley
Legal Topics
Road Accident Fund Act, General Damages, Future Loss of Earnings, Contingency Deductions, Expert Evidence, Assessment of Damages
Delict Civil Procedure Road Accident Fund Act General Damages Future Loss of Earnings Contingency Deductions Expert Evidence Assessment of Damages

Case Brief

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Parties

A R

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Settled

Legal Issues

  1. 1 What is the appropriate amount of general damages to be awarded to the plaintiff for pain, suffering, and loss of amenities of life resulting from the accident.
  2. 2 Whether the plaintiff will likely suffer a future loss of earnings as a result of the injuries sustained in the collision, and if so, the quantum thereof.
  3. 3 What contingency deductions should be applied to the pre- and post-morbid scenarios in calculating future loss of earnings.

Ratio Decidendi

The court found that, while the plaintiff retained above-average intellectual ability and had successfully completed tertiary education and was functioning capably in employment, expert evidence established that cognitive deficits may render him susceptible to compromised higher order executive functioning in the future. The court accepted the actuarial scenario (Basis IB) applying a 25% contingency deduction pre-morbid and 20% post-morbid, resulting in a net future loss of earnings of R565,970. General damages were assessed at R450,000, considering the nature and severity of the injuries, emotional trauma, and comparative case law. The total award was R1,015,970. Costs were awarded to...

Court Disposition

Plaintiff's claim for future loss of earnings and general damages succeeds. Defendant ordered to pay aggregate capital sum of R1,015,970, provide statutory undertaking for future medical expenses, and pay costs.

Orders

  • Defendant shall pay the plaintiff the sum of R1,015,970, comprising R565,970 for future loss of earnings and R450,000 for general damages.
  • Defendant shall furnish the plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for future hospital and medical expenses.