Lerm v Road Accident Fund (38035/14) [2019] ZAGPPHC 106 (7 March 2019)

Lerm v Road Accident Fund (38035/14) [2019] ZAGPPHC 106 (7 March 2019)

The court found that the plaintiff failed to discharge the onus of proving that the norm at Rooikat Regison Mine was retirement at age 75 for mine managers. The evidence presented did not establish a sufficiently large number of mine managers retiring at 75 to justify such a norm. The expert reports did not override the lack of company practice evidence. The court accepted the defendant's argument that the normal retirement age is 65, and ordered that the plaintiff would have retired at that age. Consequently, the claim for future loss of earnings based on retirement at 75 was not supported.

Citation
[2019] ZAGPPHC 106
Parties
Plaintiff: Johannes Nicolaas Thirion Lerm; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 March 2019
Case Number
38035/14
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for retirement at age 75 is dismissed; retirement age determined as 65.
Judges
Munzhelele
Legal Topics
Retirement Age, Loss of Earnings, Onus of Proof, Expert Evidence
Civil Procedure Labour Law Retirement Age Loss of Earnings Onus of Proof Expert Evidence

Case Brief

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Parties

Johannes Nicolaas Thirion Lerm

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff would have retired at age 65 or 75 years but for the accident.
  2. 2 Whether the plaintiff discharged the onus to prove a company norm of retirement at age 75 for mine managers.
  3. 3 Whether the evidence supports a claim for future loss of earnings based on retirement at age 75.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving that the norm at Rooikat Regison Mine was retirement at age 75 for mine managers. The evidence presented did not establish a sufficiently large number of mine managers retiring at 75 to justify such a norm. The expert reports did not override the lack of company practice evidence. The court accepted the defendant's argument that the normal retirement age is 65, and ordered that the plaintiff would have retired at that age. Consequently, the claim for future loss of earnings based on retirement at 75 was not supported.

Court Disposition

Plaintiff's claim for retirement at age 75 is dismissed; retirement age determined as 65.

Orders

  • The plaintiff would have retired at the age of 65.
  • Draft Order marked 'x' is made an order of court.