C V v Road Accident Fund (2016/8525) [2020] ZAGPJHC 76 (5 March 2020)

C V v Road Accident Fund (2016/8525) [2020] ZAGPJHC 76 (5 March 2020)

The court considered the medical and psychological evidence, expert reports, and legal principles governing the assessment of future loss of income. Both parties agreed the plaintiff suffered serious long-term impairment and would require ongoing medical treatment. The court found that the plaintiff's career progression would be delayed and her earning capacity diminished due to her injuries. Applying the defendant's industrial psychologist's figures, the court determined that a 20% contingency should apply to the pre-morbid scenario and a 35% contingency to the post-morbid scenario, resulting in a 15% differential. This produced a fair and reasonable compensation for future loss of...

Citation
[2020] ZAGPJHC 76
Parties
Plaintiff: C V; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 March 2020
Case Number
2016/8525
Procedural Posture
Civil Trial / Quantification of Damages; Determination of Contingency Deduction
Outcome
Plaintiff awarded 90% of proven delictual damages; capital amount of R2,219,183.00 ordered; past medical expenses postponed; costs and future medical expenses ordered.
Judges
FMM Snyman
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deduction, Future Medical Expenses, General Damages
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Contingency Deduction Future Medical Expenses General Damages

Case Brief

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Parties

C V

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages; Determination of Contingency Deduction

Legal Issues

  1. 1 What is a fair and reasonable percentage for contingency deduction in calculating the plaintiff's future loss of income?
  2. 2 Is the plaintiff entitled to compensation for 90% of her proven damages following the motor vehicle collision?
  3. 3 Should the contingency differential account for the plaintiff's medical, psychological, and occupational impairments?

Ratio Decidendi

The court considered the medical and psychological evidence, expert reports, and legal principles governing the assessment of future loss of income. Both parties agreed the plaintiff suffered serious long-term impairment and would require ongoing medical treatment. The court found that the plaintiff's career progression would be delayed and her earning capacity diminished due to her injuries. Applying the defendant's industrial psychologist's figures, the court determined that a 20% contingency should apply to the pre-morbid scenario and a 35% contingency to the post-morbid scenario, resulting in a 15% differential. This produced a fair and reasonable compensation for future loss of...

Court Disposition

Plaintiff awarded 90% of proven delictual damages; capital amount of R2,219,183.00 ordered; past medical expenses postponed; costs and future medical expenses ordered.

Orders

  • The defendant is liable to compensate the plaintiff for 90% of her delictual damages suffered as a result of the motor vehicle collision on 8 March 2015.
  • The issue of the plaintiff's past hospital and medical expenses is separated and postponed sine die.