Els v Road Accident Fund (442/18) [2022] ZAGPPHC 239 (20 April 2022)

Els v Road Accident Fund (442/18) [2022] ZAGPPHC 239 (20 April 2022)

The plaintiff has proven her claim for past medical expenses in the sum of R298,762.57. She has not proven any loss of earnings from her hairdressing business, as her affidavit is silent on the income earned and affidavits from customers show she continues hairdressing activities. The plaintiff has proven loss of earnings from her formal employment as a management safety officer, with quantum calculated based on actual earnings at the date of the collision, projected career progression, and retirement at age 65. Appropriate contingency deductions are 5% for past loss, 17% for future uninjured earnings, and 20% for future injured earnings. The plaintiff is awarded R850,000.00 for general...

Citation
[2022] ZAGPPHC 239
Parties
Plaintiff: Nicolene Els; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 April 2022
Case Number
442/18
Procedural Posture
Civil Trial / Judgment After Default (no Appearance for Defendant); Quantum and Liability for Damages Assessed
Outcome
Plaintiff's claim for past medical expenses, loss of earnings from formal employment, and general damages is granted. Claim for loss of earnings from hairdressing business is dismissed.
Judges
SK Hassim
Legal Topics
Road Accident Fund Act, Quantum of Damages, Loss of Earnings, General Damages, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Quantum of Damages Loss of Earnings General Damages Contingency Deductions

Case Brief

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Parties

Nicolene Els

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Default (no Appearance for Defendant); Quantum and Liability for Damages Assessed

Legal Issues

  1. 1 Has the plaintiff proven her claim for loss of earnings from her hairdressing business?
  2. 2 What is the appropriate quantum for loss of earnings from formal employment as a management safety officer?
  3. 3 What is the fair amount for general damages given the injuries and sequelae?

Ratio Decidendi

The plaintiff has proven her claim for past medical expenses in the sum of R298,762.57. She has not proven any loss of earnings from her hairdressing business, as her affidavit is silent on the income earned and affidavits from customers show she continues hairdressing activities. The plaintiff has proven loss of earnings from her formal employment as a management safety officer, with quantum calculated based on actual earnings at the date of the collision, projected career progression, and retirement at age 65. Appropriate contingency deductions are 5% for past loss, 17% for future uninjured earnings, and 20% for future injured earnings. The plaintiff is awarded R850,000.00 for general...

Court Disposition

Plaintiff's claim for past medical expenses, loss of earnings from formal employment, and general damages is granted. Claim for loss of earnings from hairdressing business is dismissed.

Orders

  • Defendant to pay the plaintiff's past and future loss of earnings as recalculated by the actuary on the basis set out in the judgment.
  • Defendant to pay general damages in the sum of R850,000.00.