Huijink-Maritz v Municipal Manager: Matjhabeng Local Municipality (3932/2015) [2018] ZAFSHC 125 (14 August 2018)

Huijink-Maritz v Municipal Manager: Matjhabeng Local Municipality (3932/2015) [2018] ZAFSHC 125 (14 August 2018)

The court found that, although the plaintiff remains employed and accommodated by her employer, her injuries have resulted in a significant reduction in her future earning capacity. Medical and expert evidence established that she is unlikely to continue working until the normal retirement age of 65, with the most probable retirement age being 55 years due to physical and psychological limitations. The court rejected the defendant's argument that continued accommodation by the employer is guaranteed and found that the plaintiff's resilience does not negate the high probability of degeneration and early retirement. The actuarial report supporting retirement at 55 was accepted as the most...

Citation
[2018] ZAFSHC 125
Parties
Plaintiff: K M; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 August 2018
Case Number
3932/2015
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for loss of future earning capacity is upheld; defendant ordered to pay.
Judges
Lefenya
Legal Topics
Loss of Earning Capacity, Road Accident Fund Act, Future Medical Expenses, General Damages
Delict Loss of Earning Capacity Road Accident Fund Act Future Medical Expenses General Damages

Case Brief

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Parties

K M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff, despite being employed and accommodated by her employer, will suffer a loss of future earning capacity as a result of injuries sustained in the motor vehicle accident.
  2. 2 Whether the calculation of loss of earning capacity should consider the defendant's submission that the plaintiff's salary remains unaffected post-accident.

Ratio Decidendi

The court found that, although the plaintiff remains employed and accommodated by her employer, her injuries have resulted in a significant reduction in her future earning capacity. Medical and expert evidence established that she is unlikely to continue working until the normal retirement age of 65, with the most probable retirement age being 55 years due to physical and psychological limitations. The court rejected the defendant's argument that continued accommodation by the employer is guaranteed and found that the plaintiff's resilience does not negate the high probability of degeneration and early retirement. The actuarial report supporting retirement at 55 was accepted as the most...

Court Disposition

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

Orders

  • The defendant shall pay the plaintiff R2,000,000 in respect of future loss of income.
  • The defendant shall provide the plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 to compensate her 100% for future medical expenses arising from the accident.