Lobelo v Road Accident Fund (35403/2014) [2020] ZAGPPHC 747 (10 December 2020)

Lobelo v Road Accident Fund (35403/2014) [2020] ZAGPPHC 747 (10 December 2020)

The court found that the plaintiff failed to prove, on a balance of probabilities, that her inability to become a professional nurse was causally linked to the injuries sustained in the accident. The evidence relied upon was contradictory and unsupported by the expert reports, with no objective basis for the claim that the accident prevented her from pursuing further studies or career advancement. The actuarial calculation and submissions were premised on an unsubstantiated assumption. The interim payment made by the defendant was not justified by the evidence before the court, and the plaintiff is not entitled to retain it. The conduct of the plaintiff's experts and attorneys, given the...

Citation
[2020] ZAGPPHC 747
Parties
Plaintiff: Susan Segomotso Lobelo; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 December 2020
Case Number
35403/2014
Procedural Posture
Civil Trial / Judgment After Trial on Quantum of Damages
Outcome
Plaintiff's claim for loss of earnings or earning capacity dismissed; no order as to costs; referrals for investigation of professional conduct.
Judges
K La M Manamela
Legal Topics
Road Accident Fund Act, Loss of Earnings, Expert Evidence, Contingency Deductions
Civil Procedure Delict Road Accident Fund Act Loss of Earnings Expert Evidence Contingency Deductions

Case Brief

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Parties

Susan Segomotso Lobelo

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Quantum of Damages

Legal Issues

  1. 1 Whether the plaintiff proved loss of earnings or earning capacity as a result of injuries sustained in the motor vehicle accident.
  2. 2 Whether the plaintiff's inability to become a professional nurse was causally linked to the accident.
  3. 3 Whether the interim payment made by the defendant was justified in light of the evidence.

Ratio Decidendi

The court found that the plaintiff failed to prove, on a balance of probabilities, that her inability to become a professional nurse was causally linked to the injuries sustained in the accident. The evidence relied upon was contradictory and unsupported by the expert reports, with no objective basis for the claim that the accident prevented her from pursuing further studies or career advancement. The actuarial calculation and submissions were premised on an unsubstantiated assumption. The interim payment made by the defendant was not justified by the evidence before the court, and the plaintiff is not entitled to retain it. The conduct of the plaintiff's experts and attorneys, given the...

Court Disposition

Plaintiff's claim for loss of earnings or earning capacity dismissed; no order as to costs; referrals for investigation of professional conduct.

Orders

  • The plaintiff's claim for loss of earnings or earning capacity is dismissed.
  • There will be no order as to costs.