Kgasi v Road Accident Fund (4582/2016) [2018] ZAGPPHC 434 (14 May 2018)

Kgasi v Road Accident Fund (4582/2016) [2018] ZAGPPHC 434 (14 May 2018)

The court found that the plaintiff suffered unresolved neuropsychological sequelae and ongoing accident-related anxiety, which, coupled with her personal and home circumstances, may prevent her from attaining the required diploma in retail management. The defendant's practice of not furnishing its experts with the plaintiff's expert reports was improper and contributed to unreliable expert evidence. Given the significant possibility that the plaintiff will not complete her diploma, a 50% contingency deduction was applied to the difference in projected future earnings. The previously determined 80/20 apportionment in favour of the plaintiff was then applied, resulting in a final award for...

Citation
[2018] ZAGPPHC 434
Parties
Plaintiff: Letlhogonolo Kgasi; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 May 2018
Case Number
4582/2016
Procedural Posture
Civil Trial / Quantification of Damages (loss of Earnings) After Liability and Medical Costs Determined
Outcome
Plaintiff's claim for loss of earnings and earning capacity is granted, subject to contingency and apportionment deductions.
Judges
Davis
Legal Topics
Road Accident Fund Claim, Loss of Earnings, Expert Evidence, Contingency Deduction, Apportionment of Liability
Civil Procedure Delict Road Accident Fund Claim Loss of Earnings Expert Evidence Contingency Deduction Apportionment of Liability

Case Brief

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Parties

Letlhogonolo Kgasi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages (loss of Earnings) After Liability and Medical Costs Determined

Legal Issues

  1. 1 Whether the plaintiff suffered neuropsychological impairment affecting her earning capacity as a result of the accident.
  2. 2 Whether the plaintiff will be able to complete her diploma in retail management, which is essential for future promotion.
  3. 3 What is the appropriate contingency deduction to apply to the plaintiff's future loss of earnings given the uncertainty of her academic achievement.

Ratio Decidendi

The court found that the plaintiff suffered unresolved neuropsychological sequelae and ongoing accident-related anxiety, which, coupled with her personal and home circumstances, may prevent her from attaining the required diploma in retail management. The defendant's practice of not furnishing its experts with the plaintiff's expert reports was improper and contributed to unreliable expert evidence. Given the significant possibility that the plaintiff will not complete her diploma, a 50% contingency deduction was applied to the difference in projected future earnings. The previously determined 80/20 apportionment in favour of the plaintiff was then applied, resulting in a final award for...

Court Disposition

Plaintiff's claim for loss of earnings and earning capacity is granted, subject to contingency and apportionment deductions.

Orders

  • The defendant is ordered to pay the plaintiff the amount of R 596,115.20.
  • The defendant is ordered to pay the plaintiff's costs, including the costs of expert witnesses who delivered reports in terms of rule 36(9)(b), the costs of preparation of joint minutes, and the attendance costs of those witnesses who testified on the plaintiff's behalf.