Ferreira v Road Accident Fund (1710/2011) [2013] ZAECGHC 85 (11 July 2013)

Ferreira v Road Accident Fund (1710/2011) [2013] ZAECGHC 85 (11 July 2013)

The court found that the deceased would, on a balance of probabilities, have accepted the employment offer from Kingfisher Doors CC, providing financial stability and allowing him to spend more time with his family. It was also probable that he would have eventually joined and taken over his father's engineering business, Queenstown Engineering. The court accepted the plaintiff's evidence regarding her future career trajectory and the likelihood of taking a supervisory role at her playschool. Considering both positive and negative contingencies, the court determined that the contingency deductions proposed by the defendant were excessive and that those suggested by the plaintiff were fair...

Citation
[2013] ZAECGHC 85
Parties
Plaintiff: Mandy Lee Ferreira; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
11 July 2013
Case Number
1710/2011
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
The plaintiff's claim for loss of support was upheld and damages awarded as calculated.
Judges
J.M. Roberson
Legal Topics
Loss of Support, Contingency Deductions, Remarriage Contingency, Quantum of Damages, Dependants Claim
Civil Procedure Delict Loss of Support Contingency Deductions Remarriage Contingency Quantum of Damages Dependants Claim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mandy Lee Ferreira

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the deceased's earning capacity for the calculation of loss of support?
  2. 2 What contingency deduction should be applied to the plaintiff's future earnings and prospects of remarriage?
  3. 3 What is the probable employment trajectory and retirement age of the deceased and the plaintiff?

Ratio Decidendi

The court found that the deceased would, on a balance of probabilities, have accepted the employment offer from Kingfisher Doors CC, providing financial stability and allowing him to spend more time with his family. It was also probable that he would have eventually joined and taken over his father's engineering business, Queenstown Engineering. The court accepted the plaintiff's evidence regarding her future career trajectory and the likelihood of taking a supervisory role at her playschool. Considering both positive and negative contingencies, the court determined that the contingency deductions proposed by the defendant were excessive and that those suggested by the plaintiff were fair...

Court Disposition

The plaintiff's claim for loss of support was upheld and damages awarded as calculated.

Orders

  • The defendant is ordered to pay to the plaintiff, in her personal capacity, the sum of R1,862,275.
  • The defendant is ordered to pay to the plaintiff, in her capacity as mother and natural guardian of Mia Ferreira, the sum of R994,776.