Huskisson v Road Accident Fund (1157/2012) [2013] ZANWHC 65 (30 August 2013)

Huskisson v Road Accident Fund (1157/2012) [2013] ZANWHC 65 (30 August 2013)

The court found that the plaintiff suffered significant and ongoing disability as a result of the accident, impacting her ability to work and study. Expert evidence established the likelihood of future medical treatment, including possible surgery, and the resultant absences from work. The court accepted the actuarial scenario 2B for calculating loss of earnings and earning capacity, applying a 15% contingency deduction to pre-morbid earnings and a 25% deduction to post-morbid earnings. The net loss was determined to be R801,012. The court held that the plaintiff is entitled to a Section 17(4)(a) undertaking for future medical expenses and awarded costs on the High Court scale, including...

Citation
[2013] ZANWHC 65
Parties
Plaintiff: Huskisson Jacqueline; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 August 2013
Case Number
1157/2012
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for future loss of earnings and Section 17(4)(a) undertaking is granted. Damages awarded as calculated.
Judges
GURA
Legal Topics
Road Accident Fund, Loss of Earning Capacity, Future Medical Expenses, Contingency Deduction
Delict Road Accident Fund Loss of Earning Capacity Future Medical Expenses Contingency Deduction

Case Brief

Summary, issues, holding and outcome

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Parties

Huskisson Jacqueline

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to a Section 17(4)(a) undertaking for future medical and hospital expenses.
  2. 2 What is the reasonable compensation for future loss of earnings and/or loss of earning capacity.
  3. 3 Whether a contingency deduction should be applied to the calculation of damages.

Ratio Decidendi

The court found that the plaintiff suffered significant and ongoing disability as a result of the accident, impacting her ability to work and study. Expert evidence established the likelihood of future medical treatment, including possible surgery, and the resultant absences from work. The court accepted the actuarial scenario 2B for calculating loss of earnings and earning capacity, applying a 15% contingency deduction to pre-morbid earnings and a 25% deduction to post-morbid earnings. The net loss was determined to be R801,012. The court held that the plaintiff is entitled to a Section 17(4)(a) undertaking for future medical expenses and awarded costs on the High Court scale, including...

Court Disposition

Plaintiff's claim for future loss of earnings and Section 17(4)(a) undertaking is granted. Damages awarded as calculated.

Orders

  • The defendant shall pay the sum of R801,012.00 to the plaintiff's attorneys, Adams & Adams, by direct transfer into their trust account.
  • The defendant must furnish the plaintiff with an undertaking in terms of Section 17(4)(a) for future medical and hospital expenses resulting from the accident.