Masango v Road Accident Fund (69361/17) [2020] ZAGPPHC 66 (10 February 2020)

Masango v Road Accident Fund (69361/17) [2020] ZAGPPHC 66 (10 February 2020)

The court found that the plaintiff was not gainfully employed prior to the accident, having only volunteered as a paramedic assistant and sold Avon products. Expert evidence indicated that she could still work in light duty positions, such as a security officer, post-accident. The court determined that the industrial psychologist's assumptions regarding her pre-accident earning capacity were overly generous. Accordingly, a contingency deduction of 50% was applied to both pre- and post-accident earning scenarios to reflect the uncertainties in her career progression. The difference between the two scenarios amounted to R1,129,479.00, which was awarded for loss of earnings. The plaintiff...

Citation
[2020] ZAGPPHC 66
Parties
Plaintiff: Nonhlanhla Masango; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 February 2020
Case Number
69361/17
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Plaintiff's claim for loss of earnings is upheld with a 50% contingency deduction applied. Plaintiff is awarded general damages and an undertaking for future medical expenses.
Judges
Hughes
Legal Topics
Road Accident Fund Act, Loss of Earnings, General Damages, Contingency Deduction
Delict Civil Procedure Road Accident Fund Act Loss of Earnings General Damages Contingency Deduction

Case Brief

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Parties

Nonhlanhla Masango

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's loss of earnings resulting from the motor vehicle accident.
  2. 2 Should a contingency deduction be applied to the plaintiff's pre- and post-accident earning scenarios.
  3. 3 Is the plaintiff entitled to general damages and an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court found that the plaintiff was not gainfully employed prior to the accident, having only volunteered as a paramedic assistant and sold Avon products. Expert evidence indicated that she could still work in light duty positions, such as a security officer, post-accident. The court determined that the industrial psychologist's assumptions regarding her pre-accident earning capacity were overly generous. Accordingly, a contingency deduction of 50% was applied to both pre- and post-accident earning scenarios to reflect the uncertainties in her career progression. The difference between the two scenarios amounted to R1,129,479.00, which was awarded for loss of earnings. The plaintiff...

Court Disposition

Plaintiff's claim for loss of earnings is upheld with a 50% contingency deduction applied. Plaintiff is awarded general damages and an undertaking for future medical expenses.

Orders

  • The plaintiff is awarded general damages in the amount of R350,000.00.
  • The plaintiff is granted an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for future medical expenses.