Human v RAF (24720/2013) [2014] ZAGPJHC 441 (17 March 2014)

Human v RAF (24720/2013) [2014] ZAGPJHC 441 (17 March 2014)

The court found that the plaintiff was sympathetically employed by her son, with no formal employment contract, and her work was informal in nature. Medical evidence established that she suffered from pre-existing cervical spondylosis, which contributed significantly to her inability to work after the accident. The court accepted the defendant's expert opinion that, giving the plaintiff the benefit of the doubt, her retirement age should be set at 62½ years, rather than 65. The court apportioned the loss of income accordingly and determined the total loss to be R253,500. The order was made in terms of the draft order reflecting this calculation.

Citation
[2014] ZAGPJHC 441
Parties
Plaintiff: KM Human; Defendant: RAF
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 March 2014
Case Number
24720/2013
Procedural Posture
Civil Trial / Judgment
Outcome
Plaintiff awarded damages for loss of earnings calculated up to retirement age of 62½ years.
Judges
Weiner
Legal Topics
Loss of Earnings, Retirement Age, Sympathetic Employment, Apportionment of Damages
Civil Procedure Delict Loss of Earnings Retirement Age Sympathetic Employment Apportionment of Damages

Case Brief

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Parties

KM Human

Plaintiff

RAF

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 What is the appropriate retirement age for the plaintiff for purposes of calculating loss of earnings.
  2. 2 To what extent did pre-existing medical conditions contribute to the plaintiff's inability to work after the accident.
  3. 3 How should loss of income be apportioned between the accident and pre-existing conditions.

Ratio Decidendi

The court found that the plaintiff was sympathetically employed by her son, with no formal employment contract, and her work was informal in nature. Medical evidence established that she suffered from pre-existing cervical spondylosis, which contributed significantly to her inability to work after the accident. The court accepted the defendant's expert opinion that, giving the plaintiff the benefit of the doubt, her retirement age should be set at 62½ years, rather than 65. The court apportioned the loss of income accordingly and determined the total loss to be R253,500. The order was made in terms of the draft order reflecting this calculation.

Court Disposition

Plaintiff awarded damages for loss of earnings calculated up to retirement age of 62½ years.

Orders

  • Defendant is ordered to pay the plaintiff R253,500 for loss of earnings.
  • Order is granted in terms of the draft order.