G.E.B v Road Accident Fund (2477/2015) [2017] ZAECPEHC 42 (5 September 2017)

G.E.B v Road Accident Fund (2477/2015) [2017] ZAECPEHC 42 (5 September 2017)

The court found, on the balance of probabilities and the weight of expert and lay evidence, that the plaintiff suffered significant neurocognitive and behavioural sequelae from a mild traumatic brain injury sustained in the collision, rendering her unemployable. The court preferred the evidence of the clinical psychologist and psychiatrist over the neurosurgeon, noting factual inconsistencies and lack of testing in the latter's report. The plaintiff's employment history and limited opportunities in her home town justified a 30% contingency deduction for future loss of earning capacity. The court exercised its discretion to award general damages of R500,000, considering the nature,...

Citation
[2017] ZAECPEHC 42
Parties
Plaintiff: G.E.B.; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
5 September 2017
Case Number
2477/2015
Procedural Posture
Civil Trial / Quantum Determination After Admission of Liability
Outcome
Plaintiff's claim for damages is upheld; quantum determined as per the judgment.
Judges
W Eksteen
Legal Topics
Road Accident Fund Act, Quantum of Damages, Loss of Earning Capacity, General Damages, Contingency Deductions, Serious Injury Assessment
Delict Road Accident Fund Act Quantum of Damages Loss of Earning Capacity General Damages Contingency Deductions Serious Injury Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

G.E.B.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Admission of Liability

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's injuries sustained in the motor vehicle collision.
  2. 2 Whether the plaintiff is unemployable as a result of the sequelae of a mild traumatic brain injury.
  3. 3 What contingency deductions should be applied to the calculation of past and future loss of earning capacity.

Ratio Decidendi

The court found, on the balance of probabilities and the weight of expert and lay evidence, that the plaintiff suffered significant neurocognitive and behavioural sequelae from a mild traumatic brain injury sustained in the collision, rendering her unemployable. The court preferred the evidence of the clinical psychologist and psychiatrist over the neurosurgeon, noting factual inconsistencies and lack of testing in the latter's report. The plaintiff's employment history and limited opportunities in her home town justified a 30% contingency deduction for future loss of earning capacity. The court exercised its discretion to award general damages of R500,000, considering the nature,...

Court Disposition

Plaintiff's claim for damages is upheld; quantum determined as per the judgment.

Orders

  • The defendant is ordered to furnish 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.
  • The defendant is ordered to pay the plaintiff the amount of R1,078,975.