G.R.R and Another v Netcare (Pty) Ltd t/a Umhlanga Hospital and Others (8164/07) [2016] ZAKZPHC 70; [2016] 4 All SA 195 (KZP) (8 August 2016)

G.R.R and Another v Netcare (Pty) Ltd t/a Umhlanga Hospital and Others (8164/07) [2016] ZAKZPHC 70; [2016] 4 All SA 195 (KZP) (8 August 2016)

The court determined that, following the settlement of liability at 75%, the quantum of damages for loss of support must be calculated based on actuarial directions reflecting the most probable career and income trajectory of Mrs R., as well as the actual and potential income of G. R. R. The court adopted the 2:2:1:1 apportionment of household income for the calculation of support, despite reservations about the lack of objective evidence. The court found that Mrs R. would likely have remained in part-time employment until her youngest child completed matric, thereafter returning to full-time employment with gradual career progression. The court specified periods and amounts for...

Citation
[2016] ZAKZPHC 70
Parties
Plaintiff: G. R. R.; Plaintiff: J. G. R.; Defendant: Netcare (Pty) Ltd t/a Umhlanga Hospital; Defendant: Alexander John Mackinley; Defendant: Sergio Diez; Defendant: Ismail Goolam Hoosed Randeree
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
8 August 2016
Case Number
8164/07
Procedural Posture
Civil Trial / Quantum Determination Following Partial Settlement on Merits
Outcome
The trial is adjourned sine die pending the results of the actuaries' calculations and comments.
Judges
Koen
Legal Topics
Loss of Support, Quantification of Damages, Accelerated Benefits, Contingency Deductions, Actuarial Assumptions
Delict Civil Procedure Loss of Support Quantification of Damages Accelerated Benefits Contingency Deductions Actuarial Assumptions

Case Brief

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Parties

G. R. R.

Plaintiff

J. G. R.

Plaintiff

Netcare (Pty) Ltd t/a Umhlanga Hospital

Defendant

Alexander John Mackinley

Defendant

Sergio Diez

Defendant

Ismail Goolam Hoosed Randeree

Defendant

Procedural Posture

Civil Trial / Quantum Determination Following Partial Settlement on Merits

Legal Issues

  1. 1 What is the appropriate quantum of damages for loss of support suffered by the plaintiffs as a result of Mrs R.'s death.
  2. 2 What actuarial assumptions and directions should be provided for the calculation of loss of support.
  3. 3 How should accelerated benefits received by the plaintiffs be treated in the quantification of damages.

Ratio Decidendi

The court determined that, following the settlement of liability at 75%, the quantum of damages for loss of support must be calculated based on actuarial directions reflecting the most probable career and income trajectory of Mrs R., as well as the actual and potential income of G. R. R. The court adopted the 2:2:1:1 apportionment of household income for the calculation of support, despite reservations about the lack of objective evidence. The court found that Mrs R. would likely have remained in part-time employment until her youngest child completed matric, thereafter returning to full-time employment with gradual career progression. The court specified periods and amounts for...

Court Disposition

The trial is adjourned sine die pending the results of the actuaries' calculations and comments.

Orders

  • The trial is adjourned sine die pending the results of the actuaries' calculations and comments.
  • Actuaries are directed to calculate the quantum of loss of support and comment on accelerated benefits as specified in the ruling.