Fouche v RAF (9619/2015) [2017] ZAGPPHC 1253 (16 August 2017)

Fouche v RAF (9619/2015) [2017] ZAGPPHC 1253 (16 August 2017)

The court found that the plaintiff suffered extensive physical and neuropsychological injuries, including multiple fractures, traumatic brain injury, and chronic depression, resulting in permanent disability and reduced earning capacity. Expert evidence established that the plaintiff would not return to her pre-accident vocational level and is vulnerable in the open labour market. The court accepted the actuarial calculations based on the scenarios provided by the industrial psychologists, applying a 15% pre-accident and 50% post-accident contingency deduction. The average of the two scenarios was adopted for future loss of earnings. The quantum for general damages was found reasonable...

Citation
[2017] ZAGPPHC 1253
Parties
Plaintiff: Jeanine Fouche; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 August 2017
Case Number
9619/2015
Procedural Posture
Civil Trial / Quantification of Damages After Merits Settled
Outcome
Judgment for the plaintiff; damages and costs awarded.
Judges
Strijdom
Legal Topics
Road Accident Fund Act, General Damages, Loss of Earning Capacity, Expert Evidence, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act General Damages Loss of Earning Capacity Expert Evidence Contingency Deductions

Case Brief

Summary, issues, holding and outcome

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Parties

Jeanine Fouche

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Merits Settled

Legal Issues

  1. 1 What is the appropriate quantum for general damages arising from the plaintiff's injuries sustained in a motorcycle accident.
  2. 2 How should future loss of earnings be calculated given the plaintiff's post-accident employment history and medical prognosis.
  3. 3 Is a special costs order against the defendant justified due to its conduct regarding expert reports.

Ratio Decidendi

The court found that the plaintiff suffered extensive physical and neuropsychological injuries, including multiple fractures, traumatic brain injury, and chronic depression, resulting in permanent disability and reduced earning capacity. Expert evidence established that the plaintiff would not return to her pre-accident vocational level and is vulnerable in the open labour market. The court accepted the actuarial calculations based on the scenarios provided by the industrial psychologists, applying a 15% pre-accident and 50% post-accident contingency deduction. The average of the two scenarios was adopted for future loss of earnings. The quantum for general damages was found reasonable...

Court Disposition

Judgment for the plaintiff; damages and costs awarded.

Orders

  • The defendant shall pay the sum of R8,414,273.99 to the plaintiff's attorneys in settlement of the claim.
  • The amount is comprised of general damages (R1,400,000.00), past medical expenses (R344,175.99), past loss of earnings (R469,417.00), and future loss of earnings (R6,200,681.00).