Howard v Road Accident Fund (19053/2010) [2011] ZAGPPHC 151 (30 May 2011)

Howard v Road Accident Fund (19053/2010) [2011] ZAGPPHC 151 (30 May 2011)

The court accepted that the defendant was liable for 100% of the plaintiff's damages. The only issue for determination was the quantum of general damages. After considering the expert medical reports and the comparable case law cited by both parties, the court found that the plaintiff's injuries, particularly the severe compression fracture of the lumbar spine and the additional injury to the right foot, warranted an award higher than those in the cases cited by the defendant. The court determined that R220,000.00 was appropriate for general damages. The parties were in agreement regarding past medical expenses (R352,833.21) and indemnification for future medical expenses under section...

Citation
[2011] ZAGPPHC 151
Parties
Plaintiff: Lynette Barbara Howard; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 May 2011
Case Number
19053/2010
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
Plaintiff's claim for general damages is upheld and awarded in the amount of R220,000.00. Past medical expenses are awarded in the amount of R352,833.21. Plaintiff is indemnified for future medical expenses in terms of section 17(4)(a) of the Road Accident Fund Act.
Judges
Botha
Legal Topics
General Damages, Personal Injury, Road Accident Fund Act, Quantification of Damages
Delict General Damages Personal Injury Road Accident Fund Act Quantification of Damages

Case Brief

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Parties

Lynette Barbara Howard

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 What is the appropriate amount to be awarded to the plaintiff for general damages resulting from her injuries sustained in the motor vehicle accident.
  2. 2 Should the plaintiff be indemnified for future medical expenses in terms of section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court accepted that the defendant was liable for 100% of the plaintiff's damages. The only issue for determination was the quantum of general damages. After considering the expert medical reports and the comparable case law cited by both parties, the court found that the plaintiff's injuries, particularly the severe compression fracture of the lumbar spine and the additional injury to the right foot, warranted an award higher than those in the cases cited by the defendant. The court determined that R220,000.00 was appropriate for general damages. The parties were in agreement regarding past medical expenses (R352,833.21) and indemnification for future medical expenses under section...

Court Disposition

Plaintiff's claim for general damages is upheld and awarded in the amount of R220,000.00. Past medical expenses are awarded in the amount of R352,833.21. Plaintiff is indemnified for future medical expenses in terms of section 17(4)(a) of the Road Accident Fund Act.

Orders

  • The draft order marked 'X', as completed and initialled by the judge, is made an order of court.
  • Plaintiff is awarded R220,000.00 for general damages.