Ferreira v Road Accident Fund (29295/08) [2010] ZAGPJHC 166 (23 September 2010)

Parties

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

1. 1 Whether the plaintiff is entitled to compensation for past and future loss of earnings or reduced earning capacity as a result of injuries sustained in the collision.
2. 2 Whether the plaintiff's depression and inability to work post-collision are attributable to the accident or to his pre-existing condition.
3. 3 Whether the plaintiff is entitled to general damages and future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court found that the plaintiff's ability to work as a car guard was not materially affected by the collision, except for a one-month period of incapacity following the recommended surgical removal of internal fixation. The evidence did not establish a likelihood of future loss of earnings or earning capacity attributable to the accident, apart from this period. The plaintiff's depression and periods of unemployment were linked to his pre-existing medical condition rather than the collision. The court accepted the defendant's expert evidence that the plaintiff could continue working in a similar capacity and that his prospects of working beyond normal retirement age were speculative...

Court Disposition

The plaintiff's claim for past loss of earnings is partially upheld; his claim for future loss of earnings is limited to one month. General damages and future medical expenses are awarded.

Orders

• The defendant is ordered to pay the plaintiff the amount of R205,151.00 within 14 days from the date of this order, failing which interest will accrue at 15.5% per annum until final payment.
• The defendant is ordered to provide the plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for future medical expenses arising from the injuries sustained in the collision.