Aldcorn v Road Accident Fund (60209/2016) [2022] ZAGPPHC 283 (21 April 2022)

Aldcorn v Road Accident Fund (60209/2016) [2022] ZAGPPHC 283 (21 April 2022)

The court found that the plaintiff was functionally unemployable as a result of the injuries sustained in the accident, accepting the expert evidence presented by the plaintiff and disregarding the defendant's expert reports for lack of confirmatory affidavits. The court determined that the most probable scenario was that the plaintiff would have continued working in his pre-morbid capacity but for the accident. Applying a 15% contingency deduction to future loss of earnings and considering the statutory cap, the court awarded R2,550,000 for future loss and R1,072,653 for past loss, less the interim payment already made. The final award for loss of earnings or earning capacity was...

Citation
[2022] ZAGPPHC 283
Parties
Plaintiff: Ryan Eric Aldcorn; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 April 2022
Case Number
60209/2016
Procedural Posture
Civil Trial / Default Judgment After Defence Struck Out; Quantum of Damages Determined
Outcome
Plaintiff's claim for loss of earnings or earning capacity is upheld; damages awarded as calculated.
Judges
Khashane Manamela
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantum of Damages, Contingency Deductions, Default Judgment
Delict Road Accident Fund Act Loss of Earning Capacity Quantum of Damages Contingency Deductions Default Judgment

Case Brief

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Parties

Ryan Eric Aldcorn

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Default Judgment After Defence Struck Out; Quantum of Damages Determined

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's loss of earnings or earning capacity resulting from the accident.
  2. 2 Should the court accept the plaintiff's expert evidence and disregard the defendant's expert reports for lack of confirmatory affidavits.
  3. 3 What contingency deductions should be applied to the calculation of past and future loss of earnings.

Ratio Decidendi

The court found that the plaintiff was functionally unemployable as a result of the injuries sustained in the accident, accepting the expert evidence presented by the plaintiff and disregarding the defendant's expert reports for lack of confirmatory affidavits. The court determined that the most probable scenario was that the plaintiff would have continued working in his pre-morbid capacity but for the accident. Applying a 15% contingency deduction to future loss of earnings and considering the statutory cap, the court awarded R2,550,000 for future loss and R1,072,653 for past loss, less the interim payment already made. The final award for loss of earnings or earning capacity was...

Court Disposition

Plaintiff's claim for loss of earnings or earning capacity is upheld; damages awarded as calculated.

Orders

  • The defendant shall pay the plaintiff R3,150,921 in respect of loss of earnings or earning capacity.
  • Payment shall be made into the plaintiff's attorneys' trust account as specified.