Deysel v Road Accident Fund (2483/09) [2011] ZAGPJHC 242 (24 June 2011)

Parties

Procedural Posture

Civil Trial / Quantification of Damages After Liability Conceded

Legal Issues

1. 1 Whether the plaintiff is entitled to patrimonial damages for loss of earning capacity in the absence of proven loss of income.
2. 2 Whether the plaintiff's impairment and increased work effort should be compensated as general damages.
3. 3 How to quantify general damages and past medical expenses in light of the expert evidence.

Ratio Decidendi

The court held that the plaintiff failed to prove any actual or future diminution of her estate connected to her income, and therefore did not establish a compensable patrimonial loss of earning capacity. The plaintiff's employment and salary trajectory remained unaffected by the accident, and her calculations for loss of income were based on assumptions rather than evidence of actual loss. However, the court accepted that the plaintiff suffered a non-patrimonial loss in the form of increased effort and hardship required to maintain her career due to her impairment. This additional pain and suffering, as supported by expert evidence, warranted inclusion in the quantum of general damages....

Court Disposition

Plaintiff's claim for loss of earning capacity/loss of income dismissed; general damages and past medical expenses awarded.

Orders

• The plaintiff's claim for loss of earning capacity/loss of income is dismissed.
• The defendant is ordered to pay the plaintiff the amount of R201,150 (R200,000 for general damages and R1,150 for past medical expenses).