Hebler obo Steyn v Road Accident Fund (2536/2014) [2018] ZAFSHC 150 (4 October 2018)

Hebler obo Steyn v Road Accident Fund (2536/2014) [2018] ZAFSHC 150 (4 October 2018)

The court found that, on the balance of probabilities and the uncontested expert evidence, the plaintiff would have achieved at least a Grade 10 or 11 qualification and could have become a staff nurse. The defendant failed to refute the plaintiff's evidence, particularly that of Dr Jacobs. Given the plaintiff's educational background, family support, and intention to better herself, the court accepted the staff nurse scenario for quantifying damages. Considering the uncertainties in the plaintiff's future earning capacity and the expert opinions regarding early retirement due to disability, the court determined that a 50% contingency deduction was appropriate. Accordingly, the court...

Citation
[2018] ZAFSHC 150
Parties
Applicant: Barbara-aan Hebler o.b.o Danelle Steyn; Respondent: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 October 2018
Case Number
2536/2014
Procedural Posture
Civil Trial / Quantification of Damages After Partial Settlement
Outcome
Plaintiff's claim for loss of earning capacity is upheld; defendant ordered to pay compensation and costs.
Judges
Mhlambi
Legal Topics
Loss of Earning Capacity, Contingency Deductions, Road Accident Fund, Quantification of Damages
Delict Loss of Earning Capacity Contingency Deductions Road Accident Fund Quantification of Damages

Case Brief

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Parties

Barbara-aan Hebler o.b.o Danelle Steyn

Applicant

Road Accident Fund

Respondent

Procedural Posture

Civil Trial / Quantification of Damages After Partial Settlement

Legal Issues

  1. 1 What is the appropriate amount of compensation for the plaintiff's past and future loss of earnings or earning capacity resulting from the motor vehicle accident.
  2. 2 Should the plaintiff's career trajectory be assessed as that of a staff nurse or a general worker for purposes of calculating damages.
  3. 3 What contingency deduction should be applied to the calculation of loss of earning capacity.

Ratio Decidendi

The court found that, on the balance of probabilities and the uncontested expert evidence, the plaintiff would have achieved at least a Grade 10 or 11 qualification and could have become a staff nurse. The defendant failed to refute the plaintiff's evidence, particularly that of Dr Jacobs. Given the plaintiff's educational background, family support, and intention to better herself, the court accepted the staff nurse scenario for quantifying damages. Considering the uncertainties in the plaintiff's future earning capacity and the expert opinions regarding early retirement due to disability, the court determined that a 50% contingency deduction was appropriate. Accordingly, the court...

Court Disposition

Plaintiff's claim for loss of earning capacity is upheld; defendant ordered to pay compensation and costs.

Orders

  • The defendant is ordered to pay to the plaintiff the amount of R 2 955 050.00 in respect of loss of earnings.
  • The defendant is to pay the plaintiff's costs of the action.