Louw N.O. v The Road Accident Fund (854/2017) [2022] ZAFSHC 117 (9 May 2022)

Louw N.O. v The Road Accident Fund (854/2017) [2022] ZAFSHC 117 (9 May 2022)

The court found that the Defendant's payment to the Patient's mother did not constitute full and final settlement of general damages, as the Patient was legally represented and the Defendant acted without proper disclosure or authority. The Defendant was not entitled to subtract merits apportionment from the general damages payment. Based on expert evidence and established legal principles, the court applied a 5% pre-morbid and 0% post-morbid contingency deduction for past loss of income, and a 22.5% pre-morbid and 0% post-morbid deduction for future loss of income. The total loss of earnings was calculated at R5,275,486.80, with the interim award subtracted, resulting in R2,139,097.80...

Citation
[2022] ZAFSHC 117
Parties
Plaintiff: Advocate M Louw N.O. obo Edward Oliphant; Defendant: The Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 May 2022
Case Number
854/2017
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for general damages and loss of income is upheld. The Defendant is ordered to pay the Plaintiff R2,940,297.80, comprised of R801,200 for general damages and R2,139,097.80 for past and future loss of earnings, plus attorney and client costs.
Judges
De Kock
Legal Topics
Road Accident Fund, General Damages, Loss of Income, Contingency Deductions, Costs Orders
Delict Civil Procedure Road Accident Fund General Damages Loss of Income Contingency Deductions Costs Orders

Case Brief

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Parties

Advocate M Louw N.O. obo Edward Oliphant

Plaintiff

The Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the payment of R1,528,000.00 to the Patient's mother constitutes full and final settlement of general damages.
  2. 2 Whether the Defendant was entitled to approach the Patient's mother directly while the Patient was legally represented.
  3. 3 Whether the Defendant was entitled to subtract merits apportionment from the general damages payment.

Ratio Decidendi

The court found that the Defendant's payment to the Patient's mother did not constitute full and final settlement of general damages, as the Patient was legally represented and the Defendant acted without proper disclosure or authority. The Defendant was not entitled to subtract merits apportionment from the general damages payment. Based on expert evidence and established legal principles, the court applied a 5% pre-morbid and 0% post-morbid contingency deduction for past loss of income, and a 22.5% pre-morbid and 0% post-morbid deduction for future loss of income. The total loss of earnings was calculated at R5,275,486.80, with the interim award subtracted, resulting in R2,139,097.80...

Court Disposition

Plaintiff's claim for general damages and loss of income is upheld. The Defendant is ordered to pay the Plaintiff R2,940,297.80, comprised of R801,200 for general damages and R2,139,097.80 for past and future loss of earnings, plus attorney and client costs.

Orders

  • The Settlement Agreement entered into on 12 January 2017 between ML Oliphant and the Defendant is set aside.
  • The Defendant shall pay to the Plaintiff in his representative capacity the amount of R2,940,297.80, comprised of R801,200 for general damages and R2,139,097.80 for past and future loss of earnings.