C.C.P v Road Accident Fund (850/2008) [2015] ZAFSHC 19 (5 February 2015)

C.C.P v Road Accident Fund (850/2008) [2015] ZAFSHC 19 (5 February 2015)

The court found that the plaintiff was injured in a motor vehicle accident and sustained chronic and permanent injuries. However, the evidence did not support total unemployability, as the plaintiff was able to work for several years after the accident and her periods of unemployment were largely due to personal choices and operational factors. The court determined that the plaintiff's future loss of earnings should be calculated based on the probability of partial employment, using a mathematical approach to estimate the likely period of unemployment. The quantum of damages was apportioned to reflect the plaintiff's contributory negligence, set at 25%. The court awarded compensation for...

Citation
[2015] ZAFSHC 19
Parties
Plaintiff: C[...] C[...] P[...]; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 February 2015
Case Number
850/2008
Procedural Posture
Civil Action / Quantum Determination After Merits Conceded
Outcome
Judgment granted in favour of the plaintiff for proven damages, apportioned for contributory negligence.
Judges
Rampai
Legal Topics
Road Accident Fund Act, Quantum of Damages, Contributory Negligence, Future Loss of Earnings, Medical Expenses
Delict Civil Procedure Road Accident Fund Act Quantum of Damages Contributory Negligence Future Loss of Earnings Medical Expenses

Case Brief

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Parties

C[...] C[...] P[...]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Action / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's injuries sustained in the motor vehicle accident.
  2. 2 Is the plaintiff entitled to compensation for past and future loss of earnings.
  3. 3 What is the extent of the plaintiff's contributory negligence and its impact on the award.

Ratio Decidendi

The court found that the plaintiff was injured in a motor vehicle accident and sustained chronic and permanent injuries. However, the evidence did not support total unemployability, as the plaintiff was able to work for several years after the accident and her periods of unemployment were largely due to personal choices and operational factors. The court determined that the plaintiff's future loss of earnings should be calculated based on the probability of partial employment, using a mathematical approach to estimate the likely period of unemployment. The quantum of damages was apportioned to reflect the plaintiff's contributory negligence, set at 25%. The court awarded compensation for...

Court Disposition

Judgment granted in favour of the plaintiff for proven damages, apportioned for contributory negligence.

Orders

  • The defendant shall pay the plaintiff R2,001,091 plus interest at 9% per annum from the 31st day after this order.
  • The defendant shall pay the qualifying fees of the plaintiff's expert witnesses: Dr T W Doubell, Ms S van Jaarsveld, Dr P Repko, Ms A Ackerman, Ms M Human.