Goles v Minister of Defence (5102/2009) [2014] ZAGPPHC 539 (23 July 2014)

Goles v Minister of Defence (5102/2009) [2014] ZAGPPHC 539 (23 July 2014)

The court found that the plaintiff suffered severe and permanent physical and psychological harm due to the defendant's admitted negligence. Expert evidence established her total urinary incontinence, sexual dysfunction, and inability to work, with poor prospects for recovery. The court accepted the parties' agreed amounts for past and future medical expenses, subject to a 20% contingency deduction for future expenses and loss of earnings, reflecting the vicissitudes of life and the plaintiff's reduced life expectancy. For general damages, the court exercised its discretion, discounting the plaintiff's proposed amount by 20% to reach a fair and reasonable figure. The total award was...

Citation
[2014] ZAGPPHC 539
Parties
Plaintiff: Anna Catharina Goles; Defendant: Minister of Defence
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 July 2014
Case Number
5102/2009
Procedural Posture
Civil Trial / Quantum Determination After Admission of Liability
Outcome
Plaintiff's claim for damages is upheld; quantum determined and awarded as specified.
Judges
Mavundla
Legal Topics
Medical Negligence, Quantum of Damages, Loss of Earning Capacity, General Damages, Contingencies, Expert Evidence
Delict Civil Procedure Medical Negligence Quantum of Damages Loss of Earning Capacity General Damages Contingencies Expert Evidence

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Anna Catharina Goles

Plaintiff

Minister of Defence

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Admission of Liability

Legal Issues

  1. 1 What is the appropriate quantum for past medical and related expenses resulting from the negligent surgery.
  2. 2 What is the appropriate quantum for future medical and related expenses, considering contingencies.
  3. 3 What is the quantum for loss of past and future earnings and earning capacity.

Ratio Decidendi

The court found that the plaintiff suffered severe and permanent physical and psychological harm due to the defendant's admitted negligence. Expert evidence established her total urinary incontinence, sexual dysfunction, and inability to work, with poor prospects for recovery. The court accepted the parties' agreed amounts for past and future medical expenses, subject to a 20% contingency deduction for future expenses and loss of earnings, reflecting the vicissitudes of life and the plaintiff's reduced life expectancy. For general damages, the court exercised its discretion, discounting the plaintiff's proposed amount by 20% to reach a fair and reasonable figure. The total award was...

Court Disposition

Plaintiff's claim for damages is upheld; quantum determined and awarded as specified.

Orders

  • The defendant is ordered to pay the capital amount of R4,578,178.21 to the plaintiff, into the trust account of Viljoen Stone Attorneys.
  • The capital amount will not bear interest unless unpaid within 30 calendar days, after which interest at 9% per annum will accrue until payment.