Jacobs v The Road Accident Fund (4558/2012) [2019] ZAFSHC 42 (2 May 2019)

Jacobs v The Road Accident Fund (4558/2012) [2019] ZAFSHC 42 (2 May 2019)

The court found that the agreement reached by the orthopaedic experts regarding five years earlier retirement was binding on both parties, as it was not repudiated by the defendant prior to trial. The plaintiff's evidence regarding past and future medical and hospital expenses, as well as past loss of income, was undisputed and accepted as proven. The actuarial calculations and contingencies applied were not challenged, except for the issue of early retirement, which was resolved by the joint minute. The court held that the plaintiff was entitled to compensation for past and future loss of income, as well as medical expenses, and ordered payment accordingly. The claim for general damages...

Citation
[2019] ZAFSHC 42
Parties
Plaintiff: Karin Jacobs; Defendant: The Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 May 2019
Case Number
4558/2012
Procedural Posture
Civil Trial / Quantum Determination After Partial Settlement
Outcome
Plaintiff's claim for general damages postponed; defendant ordered to pay plaintiff R1,639,649.11 for proven damages and provide an undertaking for future medical costs.
Judges
L.B.J Moeng
Legal Topics
Road Accident Fund Act, Quantum of Damages, Loss of Earnings, Expert Evidence, Joint Minutes, Contingency Deductions
Civil Procedure Delict Road Accident Fund Act Quantum of Damages Loss of Earnings Expert Evidence Joint Minutes Contingency Deductions

Case Brief

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Parties

Karin Jacobs

Plaintiff

The Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for past and future medical and hospital expenses.
  2. 2 Whether the plaintiff is entitled to compensation for past and future loss of income due to injuries sustained in the motor vehicle accident.
  3. 3 Whether the agreement between orthopaedic experts regarding earlier retirement binds the parties and the court.

Ratio Decidendi

The court found that the agreement reached by the orthopaedic experts regarding five years earlier retirement was binding on both parties, as it was not repudiated by the defendant prior to trial. The plaintiff's evidence regarding past and future medical and hospital expenses, as well as past loss of income, was undisputed and accepted as proven. The actuarial calculations and contingencies applied were not challenged, except for the issue of early retirement, which was resolved by the joint minute. The court held that the plaintiff was entitled to compensation for past and future loss of income, as well as medical expenses, and ordered payment accordingly. The claim for general damages...

Court Disposition

Plaintiff's claim for general damages postponed; defendant ordered to pay plaintiff R1,639,649.11 for proven damages and provide an undertaking for future medical costs.

Orders

  • Plaintiff's claim for general damages is postponed for later adjudication.
  • Defendant is directed to pay the plaintiff R1,639,649.11 as follows: R31,920.00 for past loss of income; R1,540,900.00 for future loss of income; R66,829.11 for past medical and hospital expenses.