Gouveia v Road Accident Fund (2010/19802) [2013] ZAGPJHC 293 (18 November 2013)

Gouveia v Road Accident Fund (2010/19802) [2013] ZAGPJHC 293 (18 November 2013)

The court found that the plaintiff is sympathetically employed and his continued salary does not reflect his true earning capacity. The plaintiff's neurocognitive and psychological impairments are permanent, rendering him unemployable in the open labour market. The fact that the family business replaced his role...

Source-derived case information.

Citation
[2013] ZAGPJHC 293
Parties
Plaintiff: David Gouveia; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 November 2013
Case Number
2010/19802
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff. The defendant is ordered to pay damages as calculated, less interim payments.
Judges
Weiner
Legal Topics
Loss of Earning Capacity, Road Accident Fund Act, General Damages, Sympathetic Employment
Delict Civil Procedure Loss of Earning Capacity Road Accident Fund Act General Damages Sympathetic Employment

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Summary, issues, holding and outcome

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Parties

David Gouveia

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff has suffered and will suffer any loss of income or earning capacity despite receiving his salary.
  2. 2 Whether the calculation of loss of earnings should consider the plaintiff's alleged overpayment due to family business employment.

Ratio Decidendi

The court found that the plaintiff is sympathetically employed and his continued salary does not reflect his true earning capacity. The plaintiff's neurocognitive and psychological impairments are permanent, rendering him unemployable in the open labour market. The fact that the family business replaced his role with two employees supports the conclusion that his earning capacity has been lost. The court distinguished the present case from Rudman, noting that the plaintiff does not receive income as of right, but rather as a result of family sympathy. The calculation of damages for loss of earnings should not take into account his current salary, but should be based on his pre-accident...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay damages as calculated, less interim payments.

Orders

  • The defendant shall pay the plaintiff R63,087.92 in respect of past medical expenses.
  • The defendant shall pay the plaintiff R325,000.00 in respect of general damages.