B and Another v Road Accident Fund and Others (1505/2009) [2014] ZAECPEHC 101 (20 February 2014)

B and Another v Road Accident Fund and Others (1505/2009) [2014] ZAECPEHC 101 (20 February 2014)

The court found, on a holistic assessment of the evidence, that the minor plaintiff would probably have completed matric with exemption and obtained a university degree, progressing to a middle management position. The court accepted the plaintiffs' expert scenario for career progression and applied a contingency deduction of 25% to future loss of earnings, resulting in a capped amount of R6 458 342,00. For general damages, the court considered the severity and permanence of the injuries, the plaintiff's loss of amenities of life, and comparable case law, awarding R2 500 000,00. The court also awarded past medical, caregiving, and travelling expenses as claimed, and ordered the defendant...

Citation
[2014] ZAECPEHC 101
Parties
Plaintiff: C[...] C[...] B[...]; Plaintiff: Olav Harold Ronaasen NO; Defendant: Road Accident Fund; Defendant: Marlon Paulse; Defendant: Ralton van Rooyen; Defendant: Lion of Africa Insurance Company (Pty) Ltd
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
20 February 2014
Case Number
1505/2009
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Judgment for the plaintiffs against the first defendant for damages as specified.
Judges
Pickering
Legal Topics
Road Accident Fund Act, Quantum of Damages, Loss of Earning Capacity, General Damages, Contingency Deduction
Delict Civil Procedure Road Accident Fund Act Quantum of Damages Loss of Earning Capacity General Damages Contingency Deduction

Case Brief

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Parties

C[...] C[...] B[...]

Plaintiff

Olav Harold Ronaasen NO

Plaintiff

Road Accident Fund

Defendant

Marlon Paulse

Defendant

Ralton van Rooyen

Defendant

Lion of Africa Insurance Company (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum of damages for past medical and hospital expenses, past caregiving and travelling expenses, future loss of earning capacity, and general damages arising from catastrophic injuries sustained by the minor plaintiff in a motor vehicle collision.
  2. 2 What is the probable career path and earning potential of the minor plaintiff but for the accident, and what contingency deduction should be applied.
  3. 3 What is a fair award for general damages in light of comparable case law and the severity of the injuries.

Ratio Decidendi

The court found, on a holistic assessment of the evidence, that the minor plaintiff would probably have completed matric with exemption and obtained a university degree, progressing to a middle management position. The court accepted the plaintiffs' expert scenario for career progression and applied a contingency deduction of 25% to future loss of earnings, resulting in a capped amount of R6 458 342,00. For general damages, the court considered the severity and permanence of the injuries, the plaintiff's loss of amenities of life, and comparable case law, awarding R2 500 000,00. The court also awarded past medical, caregiving, and travelling expenses as claimed, and ordered the defendant...

Court Disposition

Judgment for the plaintiffs against the first defendant for damages as specified.

Orders

  • Payment of R945 893,68 to first plaintiff for past hospital and medical expenses.
  • Payment of R183 300,00 to first plaintiff for past caregiving expenses.