M v Road Accident Fund (55471/2012) [2017] ZAGPPHC 561 (24 August 2017)

Parties

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

1. 1 Whether the plaintiff suffered a brain injury resulting in loss of earning capacity.
2. 2 Whether the plaintiff is entitled to general damages for injuries sustained in the motor vehicle accident.
3. 3 Whether the expert evidence supports the plaintiff's claim for loss of earning capacity.

Ratio Decidendi

The court found that the plaintiff failed to prove, on a balance of probabilities, that he suffered a brain injury in the accident resulting in loss of earning capacity. The expert reports relied on assumptions and information from the plaintiff rather than objective medical records, which did not support the existence of a brain injury or permanent disability. The plaintiff's cognitive and educational difficulties were not shown to be caused by the accident. Accordingly, the claim for loss of earning capacity was not established. However, the defendant conceded liability for general damages in the amount of R500,000 and undertook to cover future medical expenses as required by statute.

Court Disposition

Plaintiff awarded general damages only; claim for loss of earning capacity dismissed.

Orders

• The defendant shall pay the plaintiff R500,000.00 for general damages together with interest at the legally prescribed rate from a date 14 days after the date of judgment to date of payment.
• The defendant undertakes in terms of section 17(4) of the Road Accident Fund Act 56 of 1996 to furnish the plaintiff with 100% of the cost of any future accommodation in a hospital or nursing home, treatment, services, or goods due to injuries sustained in the collision and sequelae thereof after such costs have...