Adams v Shoprite Checkers (Pty) Ltd (2754/09) [2012] ZAECPEHC 14 (23 February 2012)

Adams v Shoprite Checkers (Pty) Ltd (2754/09) [2012] ZAECPEHC 14 (23 February 2012)

The court found that the original order regarding interest did not properly distinguish between general and special damages as required by the Prescribed Rate of Interest Act. The order was varied to reflect that interest on special damages (future medical expenses) is payable from the date of judgment, while interest on general damages and past medical expenses is payable from the date of summons. The award for future medical expenses was found to be reasonable and in line with the evidence, and the application for leave to appeal on this aspect was dismissed. However, given that the award for general damages was substantially less than comparable cases, there was a reasonable prospect...

Citation
[2012] ZAECPEHC 14
Parties
Appellant: Delene Minnie Adams; Respondent: Shoprite Checkers (Pty) Ltd
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
23 February 2012
Case Number
2754/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Damages
Outcome
Leave to appeal against the award for future medical expenses is dismissed; leave to appeal against the award for general damages is granted.
Judges
E Revelas
Legal Topics
Variation of Order, Prescribed Rate of Interest, Assessment of General Damages, Future Medical Expenses
Civil Procedure Delict Variation of Order Prescribed Rate of Interest Assessment of General Damages Future Medical Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Delene Minnie Adams

Appellant

Shoprite Checkers (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Damages

Legal Issues

  1. 1 Whether the interest awarded in the original order was correctly calculated and apportioned between general and special damages.
  2. 2 Whether the award for future medical expenses was appropriate given the evidence and discretion of the court.
  3. 3 Whether the award for general damages was reasonable in light of the nature of the injury and comparable cases.

Ratio Decidendi

The court found that the original order regarding interest did not properly distinguish between general and special damages as required by the Prescribed Rate of Interest Act. The order was varied to reflect that interest on special damages (future medical expenses) is payable from the date of judgment, while interest on general damages and past medical expenses is payable from the date of summons. The award for future medical expenses was found to be reasonable and in line with the evidence, and the application for leave to appeal on this aspect was dismissed. However, given that the award for general damages was substantially less than comparable cases, there was a reasonable prospect...

Court Disposition

Leave to appeal against the award for future medical expenses is dismissed; leave to appeal against the award for general damages is granted.

Orders

  • Prayer 1 of the order dated 31 January 2012 is amended by deleting the words 'with interest thereon at the prescribed rate from 14 days from date of judgment to the date of payment' and substituting with: Interest is payable on the amount awarded for special damages - future medical expenses (R41 264.42) at the...
  • Interest is payable on the amount awarded for general damages (R55 000.00) and past medical expenses (R14 248.61) (if not yet paid) at the prescribed rate from date of summons to date of payment.