Dopp NO v MEC Health, Northern Cape (799/06) [2008] ZANCHC 43 (22 September 2008)

Dopp NO v MEC Health, Northern Cape (799/06) [2008] ZANCHC 43 (22 September 2008)

The court found that, although the grounds for postponement were weak, justice and fairness required that the defendant's application be granted. Given the admitted negligence and severe consequences suffered by the plaintiff's minor son, an interim payment was necessary to address immediate needs. The amount offered by the defendant was deemed wholly inadequate in light of the expert evidence regarding the cost of a motorised prosthesis and the magnitude of the plaintiff's claims for future medical expenses, loss of earnings, and general damages. The court ordered a substantially higher interim payment of R1,000,000 to be paid into the plaintiff's attorney's trust account, to be used...

Citation
[2008] ZANCHC 43
Parties
Plaintiff: DS Dopp N.O.; Defendant: MEC Health, Northern Cape
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
22 September 2008
Case Number
799/06
Procedural Posture
Civil Trial / Quantum of Damages; Interlocutory Application for Postponement
Outcome
Postponement granted; interim payment ordered; costs of postponement awarded against defendant.
Judges
SA Majiedt
Legal Topics
Medical Negligence, Quantum of Damages, Interim Payment, Postponement of Trial
Delict Civil Procedure Medical Negligence Quantum of Damages Interim Payment Postponement of Trial

Case Brief

Summary, issues, holding and outcome

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Parties

DS Dopp N.O.

Plaintiff

MEC Health, Northern Cape

Defendant

Procedural Posture

Civil Trial / Quantum of Damages; Interlocutory Application for Postponement

Legal Issues

  1. 1 Whether the defendant's application for postponement should be granted.
  2. 2 Whether an interim payment to the plaintiff is warranted given the admitted liability and circumstances.
  3. 3 What amount is appropriate for interim payment pending final determination of damages.

Ratio Decidendi

The court found that, although the grounds for postponement were weak, justice and fairness required that the defendant's application be granted. Given the admitted negligence and severe consequences suffered by the plaintiff's minor son, an interim payment was necessary to address immediate needs. The amount offered by the defendant was deemed wholly inadequate in light of the expert evidence regarding the cost of a motorised prosthesis and the magnitude of the plaintiff's claims for future medical expenses, loss of earnings, and general damages. The court ordered a substantially higher interim payment of R1,000,000 to be paid into the plaintiff's attorney's trust account, to be used...

Court Disposition

Postponement granted; interim payment ordered; costs of postponement awarded against defendant.

Orders

  • The matter is postponed to 24-27 February 2009, as arranged with the Registrar.
  • The defendant is to pay the costs occasioned by the postponement on the scale as between attorney and own client.