Jansen v Road Accident Fund (2266/2016) [2017] ZAGPPHC 696 (27 October 2017)

Jansen v Road Accident Fund (2266/2016) [2017] ZAGPPHC 696 (27 October 2017)

The court found that the plaintiff, a minor, sustained a moderate to severe traumatic brain injury, permanent scarring, and ongoing neurocognitive and psychological sequelae as a result of the motor vehicle accident. Expert evidence established that these injuries have resulted in permanent disfigurement, behavioral problems, delayed school readiness, and a risk of future developmental difficulties. The court considered comparable case law and expert reports, concluding that an award of R700,000 for general damages is fair and adequate in the circumstances. The defendant is ordered to pay this amount, furnish an undertaking for future medical expenses under section 17(4)(a) of the Road...

Citation
[2017] ZAGPPHC 696
Parties
Plaintiff: Advocate Sayed N.O. (Curator ad litem of W. Jansen); Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 October 2017
Case Number
2266/2016
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
General damages awarded to the plaintiff; defendant ordered to pay R700,000 and furnish section 17(4)(a) undertaking; costs awarded; trust to be created for minor's benefit; remainder of heads of damages postponed sine die.
Judges
Cox
Legal Topics
Road Accident Fund Act, General Damages, Traumatic Brain Injury, Permanent Scarring, Quantum of Damages
Delict Civil Procedure Road Accident Fund Act General Damages Traumatic Brain Injury Permanent Scarring Quantum of Damages

Case Brief

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Parties

Advocate Sayed N.O. (Curator ad litem of W. Jansen)

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate amount of general damages for a minor who sustained head injuries, permanent scarring, and neurocognitive sequelae in a motor vehicle accident?
  2. 2 Should the defendant furnish an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act?
  3. 3 What costs and administrative arrangements are necessary to protect the minor's compensation?

Ratio Decidendi

The court found that the plaintiff, a minor, sustained a moderate to severe traumatic brain injury, permanent scarring, and ongoing neurocognitive and psychological sequelae as a result of the motor vehicle accident. Expert evidence established that these injuries have resulted in permanent disfigurement, behavioral problems, delayed school readiness, and a risk of future developmental difficulties. The court considered comparable case law and expert reports, concluding that an award of R700,000 for general damages is fair and adequate in the circumstances. The defendant is ordered to pay this amount, furnish an undertaking for future medical expenses under section 17(4)(a) of the Road...

Court Disposition

General damages awarded to the plaintiff; defendant ordered to pay R700,000 and furnish section 17(4)(a) undertaking; costs awarded; trust to be created for minor's benefit; remainder of heads of damages postponed sine die.

Orders

  • Merits are settled 100% in favour of the plaintiff.
  • The defendant must pay the plaintiff R700,000 in full and final settlement of the claim for general damages, payable by 28 November 2017 into the plaintiff's attorneys' trust account.