Duma v Road Accident Fund (672/2014P) [2019] ZAKZPHC 17 (1 March 2019)

Duma v Road Accident Fund (672/2014P) [2019] ZAKZPHC 17 (1 March 2019)

The court found that the plaintiff suffered a mild head injury with significant neurocognitive fallout, resulting in unemployability in the open labour market. The defendant conceded the merits but failed to provide credible counter-evidence to the plaintiff's expert reports. The court accepted the calculations of Ms Pepu, the plaintiff's industrial psychologist, based on four payslips including overtime and bonuses, as the best available evidence. The court rejected the defendant's expert evidence as flawed and biased. Applying the principles from Goodall and Koch, the court determined that a 7% contingency deduction for both pre-morbid and post-morbid earnings was fair and reasonable,...

Citation
[2019] ZAKZPHC 17
Parties
Plaintiff: Ndlelahle Victor Duma; Defendant: Road Accident Fund
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
1 March 2019
Case Number
672/2014P
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for loss of earnings is upheld; contingencies fixed at 7% for both pre-morbid and post-morbid calculations; costs to be costs in the cause.
Judges
Mbatha
Legal Topics
Road Accident Fund, Loss of Earning Capacity, Contingency Deduction, Expert Evidence, Quantum of Damages
Delict Civil Procedure Road Accident Fund Loss of Earning Capacity Contingency Deduction Expert Evidence Quantum of Damages

Case Brief

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Parties

Ndlelahle Victor Duma

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the plaintiff's pre-morbid and post-morbid earning capacity?
  2. 2 Is the plaintiff unemployable post-accident due to neurocognitive and physical deficits?
  3. 3 Should the court accept the plaintiff's or defendant's actuarial and expert evidence regarding quantum?

Ratio Decidendi

The court found that the plaintiff suffered a mild head injury with significant neurocognitive fallout, resulting in unemployability in the open labour market. The defendant conceded the merits but failed to provide credible counter-evidence to the plaintiff's expert reports. The court accepted the calculations of Ms Pepu, the plaintiff's industrial psychologist, based on four payslips including overtime and bonuses, as the best available evidence. The court rejected the defendant's expert evidence as flawed and biased. Applying the principles from Goodall and Koch, the court determined that a 7% contingency deduction for both pre-morbid and post-morbid earnings was fair and reasonable,...

Court Disposition

Plaintiff's claim for loss of earnings is upheld; contingencies fixed at 7% for both pre-morbid and post-morbid calculations; costs to be costs in the cause.

Orders

  • The pre-morbid contingency is fixed at 7 per cent.
  • The post-morbid contingency is fixed at 7 per cent.