Frencken v Road Accident Fund (2854/2012) [2014] ZAKZDHC 43 (22 October 2014)

Frencken v Road Accident Fund (2854/2012) [2014] ZAKZDHC 43 (22 October 2014)

The court found, on the balance of probabilities, that the plaintiff would have pursued employment as a chef on luxury yachts for the period 1 April 2010 to 31 December 2012, earning salaries in US dollars as per cruise liner scales. The court determined appropriate monthly salary figures for each year, adjusted for inflation, and applied contingency factors of 10% for past overseas earnings, 5% for past South African earnings, 20% for future earnings, and 60% for post-injury earning capacity. The Sweatman method was adopted for applying the statutory cap, with the issue of pension benefits and contributions reserved for further determination. Costs were reserved pending final actuarial...

Citation
[2014] ZAKZDHC 43
Parties
Plaintiff: Samantha Frencken; Defendant: Road Accident Fund
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
22 October 2014
Case Number
2854/2012
Procedural Posture
Civil Trial / Determination of Quantum and Contingencies for Damages Following Admission of Liability
Outcome
Determinations made for calculation of damages; matter adjourned sine die pending actuarial calculations and resolution of pension issues; costs reserved.
Judges
Olsen
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Factors, General Damages, Actuarial Calculation, Sweatman Method
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Contingency Factors General Damages Actuarial Calculation Sweatman Method

Case Brief

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Parties

Samantha Frencken

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Determination of Quantum and Contingencies for Damages Following Admission of Liability

Legal Issues

  1. 1 What career path and earning profile would the plaintiff probably have followed but for the accident.
  2. 2 What contingency factors should be applied to the plaintiff's pre- and post-injury earning capacity.
  3. 3 How should the cap imposed by section 17(4)(c) of the Road Accident Fund Act be applied to the plaintiff's claim.

Ratio Decidendi

The court found, on the balance of probabilities, that the plaintiff would have pursued employment as a chef on luxury yachts for the period 1 April 2010 to 31 December 2012, earning salaries in US dollars as per cruise liner scales. The court determined appropriate monthly salary figures for each year, adjusted for inflation, and applied contingency factors of 10% for past overseas earnings, 5% for past South African earnings, 20% for future earnings, and 60% for post-injury earning capacity. The Sweatman method was adopted for applying the statutory cap, with the issue of pension benefits and contributions reserved for further determination. Costs were reserved pending final actuarial...

Court Disposition

Determinations made for calculation of damages; matter adjourned sine die pending actuarial calculations and resolution of pension issues; costs reserved.

Orders

  • It is assumed the plaintiff would have been employed as a chef on luxury yachts from 1 April 2010 to 31 December 2012, earning in US dollars.
  • Salary figures for calculation: $3,200/month (1 Apr 2010–31 Mar 2011); $4,000/month (1 Apr 2011–31 Mar 2012); $4,400/month (1 Apr 2012–31 Dec 2012), adjusted for inflation.