Clements v Road Accident Fund (13131/2011) [2016] ZAGPPHC 133 (8 March 2016)

Clements v Road Accident Fund (13131/2011) [2016] ZAGPPHC 133 (8 March 2016)

The court found, based on expert evidence, that the plaintiff suffered severe head and orthopaedic injuries resulting in permanent impairment and reduced earning capacity. The actuarial calculations, using a pre-accident contingency of 15% and a post-accident contingency of 50%, were accepted as reasonable. The court determined that the plaintiff was likely to pass the Key Individual Regulatory Exam, and thus adopted the second scenario for loss of earnings. The court awarded general damages by reference to comparable cases, finding R950,000 to be appropriate. The defendant's failure to participate and its procedural delays justified a special costs order. The total award was calculated...

Citation
[2016] ZAGPPHC 133
Parties
Plaintiff: Clayton Alvin Clements; Defendant: The Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 March 2016
Case Number
13131/2011
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Plaintiff's claim for damages is granted in full, with a special costs order against the defendant.
Judges
Olivier
Legal Topics
Road Accident Claim, Quantum of Damages, Contingency Deductions, General Damages, Loss of Earnings
Delict Civil Procedure Road Accident Claim Quantum of Damages Contingency Deductions General Damages Loss of Earnings

Case Brief

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Parties

Clayton Alvin Clements

Plaintiff

The Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate quantum of damages to be awarded to the plaintiff for injuries sustained in a motor vehicle accident.
  2. 2 What contingency deductions should be applied to the calculation of past and future loss of earnings.
  3. 3 What is the suitable amount for general damages given the plaintiff's injuries and comparable case law.

Ratio Decidendi

The court found, based on expert evidence, that the plaintiff suffered severe head and orthopaedic injuries resulting in permanent impairment and reduced earning capacity. The actuarial calculations, using a pre-accident contingency of 15% and a post-accident contingency of 50%, were accepted as reasonable. The court determined that the plaintiff was likely to pass the Key Individual Regulatory Exam, and thus adopted the second scenario for loss of earnings. The court awarded general damages by reference to comparable cases, finding R950,000 to be appropriate. The defendant's failure to participate and its procedural delays justified a special costs order. The total award was calculated...

Court Disposition

Plaintiff's claim for damages is granted in full, with a special costs order against the defendant.

Orders

  • The defendant is liable to the plaintiff in the amount of R6,113,129.70, payable into the trust account of the plaintiff's attorney.
  • Should the defendant fail to pay within two weeks, interest at 15.5% per annum will accrue until final payment.