Kimber v Road Accident Fund (40084/10) [2013] ZAGPPHC 432 (12 November 2013)

Parties

Procedural Posture

Civil Trial / Quantification of Damages After Liability Conceded

Legal Issues

1. 1 What is the appropriate quantum for past and future loss of earnings and earning capacity resulting from the plaintiff's injuries sustained in the motor vehicle accident.
2. 2 What contingency deductions should be applied to the calculation of damages for loss of earnings.
3. 3 Is the plaintiff entitled to general damages and future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court found that the plaintiff sustained significant injuries in the motor vehicle accident, resulting in her inability to continue her self-employment and limiting her to sedentary work. Expert evidence established her pre-accident earning capacity and her post-accident employment as a bookkeeper. The court accepted the parties' agreement on contingency deductions of 10% pre-accident and 45% post-accident, finding these justified in light of the plaintiff's employment history and the speculative nature of future earnings. The actuarial calculation, after applying the agreed contingencies, resulted in a net loss of R382,979.85 for past and future loss of earnings and earning capacity....

Court Disposition

Judgment for the plaintiff. Damages awarded for past and future loss of earnings, general damages, and future medical expenses. Costs awarded to the plaintiff.

Orders

• Payment of the capital amount of R820,888.73 to the plaintiff, comprising R87,908.88 for past medical and hospital expenses, R350,000.00 for general damages, and R382,979.85 for past and future loss of earnings and earning capacity.
• The capital amounts will not bear interest unless the defendant fails to pay within fourteen calendar days, in which case interest at 15.5% per annum will accrue from the fifteenth day until payment.