Griffiths v Mutual & Federal Insurance Company Ltd. (347/92) [1993] ZASCA 121; 1994 (1) SA 535 (AD); [1994] 1 All SA 396 (A) (16 September 1993)

Griffiths v Mutual & Federal Insurance Company Ltd. (347/92) [1993] ZASCA 121; 1994 (1) SA 535 (AD); [1994] 1 All SA 396 (A) (16 September 1993)

The Supreme Court of Appeal found that the trial court erred in its assessment of the plaintiff's loss of earning capacity by failing to accept the medical consensus that she suffered a permanent reduction in working capacity and by not properly considering her probable career trajectory at the Bar. The court held that, despite the absence of precise actuarial evidence, the plaintiff was entitled to a substantial globular award for loss of earning capacity, given her qualifications and career prospects. The trial court's limitation of future medical expenses was partially incorrect, and the award was adjusted accordingly. On costs, the appellate court found no basis to interfere with the...

Citation
[1993] ZASCA 121
Parties
Appellant: Suzanne Griffiths; Respondent: Mutual & Federal Insurance Company Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
16 September 1993
Case Number
347/92
Procedural Posture
Civil Appeal / Appeal From the Cape Provincial Division
Outcome
Appeal upheld with costs, including costs of two counsel. Damages award increased; costs order of trial court on Rule 34 offer remains unaltered.
Judges
Botha, Vivier, Harms
Legal Topics
Motor Vehicle Accident, Loss of Earning Capacity, Quantum of Damages, Apportionment of Liability, Costs Award
Delict Civil Procedure Motor Vehicle Accident Loss of Earning Capacity Quantum of Damages Apportionment of Liability Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Suzanne Griffiths

Appellant

Mutual & Federal Insurance Company Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From the Cape Provincial Division

Legal Issues

  1. 1 Whether the plaintiff's loss of earning capacity was properly assessed by the trial court.
  2. 2 Whether the sequelae of two separate motor vehicle accidents could be apportioned for damages.
  3. 3 Whether the trial court erred in its award for future medical expenses.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court erred in its assessment of the plaintiff's loss of earning capacity by failing to accept the medical consensus that she suffered a permanent reduction in working capacity and by not properly considering her probable career trajectory at the Bar. The court held that, despite the absence of precise actuarial evidence, the plaintiff was entitled to a substantial globular award for loss of earning capacity, given her qualifications and career prospects. The trial court's limitation of future medical expenses was partially incorrect, and the award was adjusted accordingly. On costs, the appellate court found no basis to interfere with the...

Court Disposition

Appeal upheld with costs, including costs of two counsel. Damages award increased; costs order of trial court on Rule 34 offer remains unaltered.

Orders

  • The order of the trial court dated 24 January 1992 is set aside and substituted with an order that the defendant pay the plaintiff R425,514.81, comprising general damages, loss of earning capacity, past medical expenses, and future medical expenses.
  • The order of the court a quo as to costs dated 30 April 1992 remains unaltered.