Cannon v Road Accident Fund (2189/2020) [2023] ZAECMKHC 78 (27 June 2023)

Cannon v Road Accident Fund (2189/2020) [2023] ZAECMKHC 78 (27 June 2023)

The court found, on a balance of probabilities, that the plaintiff would have pursued a career as a teacher but for the accident, supported by her academic record, family background, and credible expert and lay evidence. The actuarial calculations based on the teaching scenario were accepted as accurate and logical. Given the plaintiff's age at the time of the accident (23), lack of substantiated income, and some residual earning capacity, the court applied a 35% contingency deduction to her claim for past and future loss of income and earning capacity, following the approach in Road Accident Fund v Kerridge. The defendant's perfunctory defence and litigation conduct warranted a costs...

Citation
[2023] ZAECMKHC 78
Parties
Plaintiff: Neslynne Udean Cannon; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
27 June 2023
Case Number
2189/2020
Procedural Posture
Civil Trial / Quantum of Damages for Past and Future Loss of Income and Earning Capacity
Outcome
Plaintiff's claim for past and future loss of income and earning capacity is upheld with a 35% contingency deduction; costs awarded on attorney and client scale, including costs of two counsel; claim for past hospital and medical expenses separated and postponed sine die.
Judges
JGA Laing
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deductions, Quantum of Damages, Expert Evidence
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Contingency Deductions Quantum of Damages Expert Evidence

Case Brief

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Parties

Neslynne Udean Cannon

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages for Past and Future Loss of Income and Earning Capacity

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's past and future loss of income and earning capacity resulting from injuries sustained in a motor vehicle accident.
  2. 2 What contingency deduction should be applied to the plaintiff's claim for loss of earning capacity.
  3. 3 Is the plaintiff entitled to costs on an attorney and client scale, including the costs of two counsel.

Ratio Decidendi

The court found, on a balance of probabilities, that the plaintiff would have pursued a career as a teacher but for the accident, supported by her academic record, family background, and credible expert and lay evidence. The actuarial calculations based on the teaching scenario were accepted as accurate and logical. Given the plaintiff's age at the time of the accident (23), lack of substantiated income, and some residual earning capacity, the court applied a 35% contingency deduction to her claim for past and future loss of income and earning capacity, following the approach in Road Accident Fund v Kerridge. The defendant's perfunctory defence and litigation conduct warranted a costs...

Court Disposition

Plaintiff's claim for past and future loss of income and earning capacity is upheld with a 35% contingency deduction; costs awarded on attorney and client scale, including costs of two counsel; claim for past hospital and medical expenses separated and postponed sine die.

Orders

  • The defendant is directed to pay the plaintiff the amount of R 7,967,860 as damages for past and future loss of income and earning capacity.
  • The defendant is directed to pay the plaintiff's costs on an attorney and client scale, from 28 July 2022 until and including 28 March 2023, including the reasonable qualifying and travelling expenses for specified experts and actuaries.