Deyzel v Road Accident Fund (1886/2013) [2014] ZAECPEHC 51 (14 August 2014)

Deyzel v Road Accident Fund (1886/2013) [2014] ZAECPEHC 51 (14 August 2014)

The court found that the plaintiff, prior to the accident, was a highly motivated and skilled individual with excellent career prospects as an electrician in a skills-deprived economy. There was no evidence to justify a higher than usual contingency deduction. The expert evidence was accepted, and the court held that the standard 15 percent contingency deduction should apply to the agreed pre-accident earning capacity. The quantum for future loss of earning capacity was calculated accordingly, and the defendant was ordered to pay the specified amounts, interest, and costs.

Citation
[2014] ZAECPEHC 51
Parties
Plaintiff: Michael Deyzel; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
14 August 2014
Case Number
1886/2013
Procedural Posture
Civil Trial / Quantum Determination and Final Orders
Outcome
Plaintiff's claim for future loss of earning capacity is upheld with a 15 percent contingency deduction applied. Defendant ordered to pay specified damages, interest, and costs.
Judges
C Plasket
Legal Topics
Road Accident Fund Act, Contingency Deduction, Future Loss of Earning Capacity, Quantum of Damages
Delict Road Accident Fund Act Contingency Deduction Future Loss of Earning Capacity Quantum of Damages

Case Brief

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Parties

Michael Deyzel

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination and Final Orders

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the agreed value of the plaintiff's pre-accident earning capacity?
  2. 2 How should the claim for future loss of earning capacity be quantified given the plaintiff's injuries and career prospects?

Ratio Decidendi

The court found that the plaintiff, prior to the accident, was a highly motivated and skilled individual with excellent career prospects as an electrician in a skills-deprived economy. There was no evidence to justify a higher than usual contingency deduction. The expert evidence was accepted, and the court held that the standard 15 percent contingency deduction should apply to the agreed pre-accident earning capacity. The quantum for future loss of earning capacity was calculated accordingly, and the defendant was ordered to pay the specified amounts, interest, and costs.

Court Disposition

Plaintiff's claim for future loss of earning capacity is upheld with a 15 percent contingency deduction applied. Defendant ordered to pay specified damages, interest, and costs.

Orders

  • The defendant shall pay the plaintiff R299,520.00 for cost of carer.
  • The defendant shall pay the plaintiff R706,889.65 for past loss of earnings.