Hurter v Road Accident Fund and Another (367/07) [2010] ZAECPEHC 5 (2 February 2010)

Hurter v Road Accident Fund and Another (367/07) [2010] ZAECPEHC 5 (2 February 2010)

The court found that the plaintiff, a young woman who suffered a severe basofrontal brain injury in a motor vehicle accident, was permanently unemployable due to her cognitive and personality deficits. Expert and lay evidence established that she could not sustain employment or relationships, and her prospects for independent living were negligible. The court exercised its discretion in determining general damages, considering the severity and permanence of her injuries and the impact on her life. For loss of earning capacity, the court accepted conservative actuarial calculations, deducting a reasonable contingency, and concluded that the plaintiff had no residual earning capacity. The...

Citation
[2010] ZAECPEHC 5
Parties
Plaintiff: Lauren Hurter; Defendant: Road Accident Fund; Defendant: Ettienne Lombard
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
2 February 2010
Case Number
367/07
Procedural Posture
Civil Trial / Quantification of Damages After Merits Decided
Outcome
Judgment for the plaintiff. The defendants are ordered jointly and severally to pay the plaintiff damages as quantified, with interest and costs, subject to apportionment between the defendants.
Judges
C. Plasket
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Apportionment of Damages, Quantum of Damages
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Apportionment of Damages Quantum of Damages

Case Brief

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Parties

Lauren Hurter

Plaintiff

Road Accident Fund

Defendant

Ettienne Lombard

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Merits Decided

Legal Issues

  1. 1 What is the appropriate quantum for general damages suffered by the plaintiff as a result of her injuries?
  2. 2 What is the quantum of damages for the plaintiff's loss of earning capacity?
  3. 3 Is the plaintiff unemployable as a result of her injuries?

Ratio Decidendi

The court found that the plaintiff, a young woman who suffered a severe basofrontal brain injury in a motor vehicle accident, was permanently unemployable due to her cognitive and personality deficits. Expert and lay evidence established that she could not sustain employment or relationships, and her prospects for independent living were negligible. The court exercised its discretion in determining general damages, considering the severity and permanence of her injuries and the impact on her life. For loss of earning capacity, the court accepted conservative actuarial calculations, deducting a reasonable contingency, and concluded that the plaintiff had no residual earning capacity. The...

Court Disposition

Judgment for the plaintiff. The defendants are ordered jointly and severally to pay the plaintiff damages as quantified, with interest and costs, subject to apportionment between the defendants.

Orders

  • The defendants are ordered jointly and severally to pay the plaintiff R4,687,313.00 as damages.
  • The defendants must pay interest on the above amount at the legal rate from 14 days after judgment until payment.