Bostelmann v Road Accident Fund (88979/2015) [2019] ZAGPPHC 186 (22 May 2019)

Bostelmann v Road Accident Fund (88979/2015) [2019] ZAGPPHC 186 (22 May 2019)

The court found that the plaintiff's physical and psychological injuries significantly compromised her ability to work, limiting her to sympathetic employment with reduced hours and necessitating early retirement at age 60. The evidence did not support the likelihood of alternative employment beyond her current position. The court accepted the actuarial calculation based on retirement at age 60 but, recognizing the speculative nature of such calculations, awarded the average between the two bases. The court confirmed the agreed amounts for past medical expenses and general damages, and ordered the defendant to furnish a section 17(4) undertaking for future medical expenses. The total...

Citation
[2019] ZAGPPHC 186
Parties
Plaintiff: Amanda Bostelmann; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 May 2019
Case Number
88979/2015
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Judgment for the plaintiff. The defendant is ordered to pay the total capital amount, provide a section 17(4) undertaking, and pay costs.
Judges
Kubushi
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Earnings, General Damages, Quantum of Damages
Delict Civil Procedure Road Accident Fund Act Personal Injury Loss of Earnings General Damages Quantum of Damages

Case Brief

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Parties

Amanda Bostelmann

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's injuries sustained in the motor vehicle collision.
  2. 2 Is the plaintiff entitled to compensation for past and future medical expenses, general damages, and loss of earnings/earning capacity.
  3. 3 Should the calculation for loss of earnings be based on retirement at age 60 or 65 given the plaintiff's compromised condition.

Ratio Decidendi

The court found that the plaintiff's physical and psychological injuries significantly compromised her ability to work, limiting her to sympathetic employment with reduced hours and necessitating early retirement at age 60. The evidence did not support the likelihood of alternative employment beyond her current position. The court accepted the actuarial calculation based on retirement at age 60 but, recognizing the speculative nature of such calculations, awarded the average between the two bases. The court confirmed the agreed amounts for past medical expenses and general damages, and ordered the defendant to furnish a section 17(4) undertaking for future medical expenses. The total...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay the total capital amount, provide a section 17(4) undertaking, and pay costs.

Orders

  • The defendant is ordered to pay the capital amount of R5,341,317.98 to the plaintiff's attorneys on or before 5 June 2019.
  • Should the defendant fail to pay the said amount, interest at 10% per annum is payable from the date of the order until payment.