Labuschagne and Another v Labuschagne and Another (4904/2014, 4905/2014) [2016] ZAFSHC 109 (13 June 2016)

Labuschagne and Another v Labuschagne and Another (4904/2014, 4905/2014) [2016] ZAFSHC 109 (13 June 2016)

The court found that the first plaintiff was a co-owner of the family business and her earning capacity was not injured by the collision. Her claim for loss of support failed as she did not prove the deceased supported her beyond her share of business income. The second plaintiff did suffer material loss of support, as his acquisition of the business was not a direct inheritance and his earnings were not causally connected to the death. The first plaintiff's claim for loss of income was limited to the period after the business was sold in 2014, as she was only suitable for sedentary work thereafter. Actuarial calculations were adjusted to reflect this, with contingency deductions applied....

Citation
[2016] ZAFSHC 109
Parties
Plaintiff: Estelle Labuschagne; Plaintiff: Renier Labuschagne; Defendant: The Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
13 June 2016
Case Number
4904/2014, 4905/2014
Procedural Posture
Civil Action / Quantum Determination After Consolidation and Partial Settlement
Outcome
Plaintiffs partially succeeded. First plaintiff awarded damages for loss of income and future medical costs; her claim for loss of support dismissed. Second plaintiff awarded damages for loss of support.
Judges
LJ Lekale
Legal Topics
Loss of Support, Loss of Income, Road Accident Fund Act, Quantum of Damages, Contingency Deductions
Civil Procedure Delict Loss of Support Loss of Income Road Accident Fund Act Quantum of Damages Contingency Deductions

Case Brief

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Parties

Estelle Labuschagne

Plaintiff

Renier Labuschagne

Plaintiff

The Road Accident Fund

Defendant

Procedural Posture

Civil Action / Quantum Determination After Consolidation and Partial Settlement

Legal Issues

  1. 1 Whether the first plaintiff suffered compensable loss of income as a result of the collision.
  2. 2 Whether the first plaintiff suffered compensable loss of support from the deceased.
  3. 3 Whether the second plaintiff suffered compensable loss of support as a result of the deceased's death.

Ratio Decidendi

The court found that the first plaintiff was a co-owner of the family business and her earning capacity was not injured by the collision. Her claim for loss of support failed as she did not prove the deceased supported her beyond her share of business income. The second plaintiff did suffer material loss of support, as his acquisition of the business was not a direct inheritance and his earnings were not causally connected to the death. The first plaintiff's claim for loss of income was limited to the period after the business was sold in 2014, as she was only suitable for sedentary work thereafter. Actuarial calculations were adjusted to reflect this, with contingency deductions applied....

Court Disposition

Plaintiffs partially succeeded. First plaintiff awarded damages for loss of income and future medical costs; her claim for loss of support dismissed. Second plaintiff awarded damages for loss of support.

Orders

  • Defendant shall pay the first plaintiff under case number 4905/2014 the capital amount of R1,900,921.00 for loss of income.
  • Defendant shall provide the first plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act No 56/1996 for 100% of future medical costs arising from the collision.