Kriel NO obo Minor Child v Road Accident Fund (12291/2020) [2024] ZAGPJHC 852 (27 August 2024)

Parties

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

1. 1 What is the appropriate quantum for future medical and hospital expenses for the minor child.
2. 2 What is the correct calculation for future loss of earnings and the applicable contingency deduction.
3. 3 Should general damages be determined now or postponed sine die.

Ratio Decidendi

The court found that the minor child suffered injuries in a motor vehicle accident, including head trauma, fractures, and cognitive deficits. Expert evidence was admitted via affidavit, and the defendant conceded liability for 100% of proven damages. The court analyzed the minor's school reports and found no significant deterioration in academic performance post-accident, with the minor consistently performing above grade averages. The court rejected the defendant's argument that the minor was unemployable and determined that she is likely to live a normal life. For future loss of earnings, the court accepted the average of the actuary's certificate and diploma scenarios, applying a 90%...

Court Disposition

Plaintiff's claim for future loss of earnings is granted in the amount of R900,492.10; general damages postponed sine die; costs awarded to plaintiff; trust to be established for minor's benefit.

Orders

• The defendant is liable for 100% of the plaintiff's claims for future medical/hospital expenses, future loss of earnings, and general damages (the latter postponed sine die) arising from the injuries sustained by the minor in the motor vehicle collision of 3 March 2018.
• The defendant shall pay R900,492.10 to the plaintiff in his representative capacity for future loss of earnings, together with interest as prescribed.