B.M obo E.N v Road Accident Fund (357/15) [2019] ZANWHC 1 (25 January 2019)

B.M obo E.N v Road Accident Fund (357/15) [2019] ZANWHC 1 (25 January 2019)

The court found that the minor child did not suffer a traumatic brain injury as claimed by the plaintiff, but rather a mild head injury with no neuro-surgical intervention and no adverse sequelae. The neuro-cognitive deficits were more likely attributable to pain and psychological effects from the orthopaedic injury. The evidence showed that, with appropriate interventions, the minor child could achieve grade 12 with diploma entry, though she lost one year due to failing grade 10 and may lose another year due to modularisation. The court accepted the joint minute of the industrial psychologists regarding career prospects and earning capacity, applying normal contingencies of 10%...

Citation
[2019] ZANWHC 1
Parties
Plaintiff: B M obo E N; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
25 January 2019
Case Number
357/15
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff's claim for damages succeeded; defendant ordered to pay damages and provide statutory undertaking.
Judges
Petersen
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantum of Damages, Expert Evidence, Contingency Deductions
Civil Procedure Delict Road Accident Fund Act Loss of Earning Capacity Quantum of Damages Expert Evidence Contingency Deductions

Case Brief

Summary, issues, holding and outcome

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Parties

B M obo E N

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 Whether the minor child suffered neuro-cognitive deficits as a result of the accident and the nature of those deficits.
  2. 2 What is the appropriate level of post-accident educational attainment and its impact on future earning capacity.
  3. 3 What contingency deductions should be applied to pre-morbid and post-accident scenarios for loss of earnings.

Ratio Decidendi

The court found that the minor child did not suffer a traumatic brain injury as claimed by the plaintiff, but rather a mild head injury with no neuro-surgical intervention and no adverse sequelae. The neuro-cognitive deficits were more likely attributable to pain and psychological effects from the orthopaedic injury. The evidence showed that, with appropriate interventions, the minor child could achieve grade 12 with diploma entry, though she lost one year due to failing grade 10 and may lose another year due to modularisation. The court accepted the joint minute of the industrial psychologists regarding career prospects and earning capacity, applying normal contingencies of 10%...

Court Disposition

Plaintiff's claim for damages succeeded; defendant ordered to pay damages and provide statutory undertaking.

Orders

  • Defendant is ordered to pay the plaintiff R1,523,712.39 in full and final settlement into the plaintiff's attorneys' trust account.
  • Defendant is not liable for interest on the payment if made timeously.