Maseko v Road Accident Fund (84770/2014) [2024] ZAGPPHC 180 (28 February 2024)

Maseko v Road Accident Fund (84770/2014) [2024] ZAGPPHC 180 (28 February 2024)

The court found that the plaintiff has reasonable prospects of success on appeal regarding the rejection of her claim for past loss of earnings, as another court may find that such loss should not have been rejected in totality. The court acknowledged that the calculation of future loss of earnings may change upon reconsideration of past loss and the application of contingencies, especially in light of expert evidence indicating a delayed career progression due to the accident. The court also recognized that another court may arrive at a different conclusion regarding the absence of proof of qualifications, but maintained that the application of contingencies remains within the court's...

Citation
[2024] ZAGPPHC 180
Parties
Plaintiff: Phindile Lucy Maseko; Defendant: The Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 February 2024
Case Number
84770/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Delivered on 25 October 2023.
Outcome
Leave to appeal to the full Court of this division is granted.
Judges
Leso
Legal Topics
Leave to Appeal, Loss of Earnings, Quantification of Damages, Contingency Deductions, Expert Evidence
Civil Procedure Delict Leave to Appeal Loss of Earnings Quantification of Damages Contingency Deductions Expert Evidence

Case Brief

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Parties

Phindile Lucy Maseko

Plaintiff

The Road Accident Fund

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Delivered on 25 October 2023.

Legal Issues

  1. 1 Whether the plaintiff has reasonable prospects of success on appeal regarding the rejection of her claim for past loss of earnings.
  2. 2 Whether the court erred in applying contingencies only to pre-accident future income in calculating compensation for future loss of earnings.
  3. 3 Whether the court failed to consider undisputed expert evidence regarding the plaintiff's delayed career progression and future loss.

Ratio Decidendi

The court found that the plaintiff has reasonable prospects of success on appeal regarding the rejection of her claim for past loss of earnings, as another court may find that such loss should not have been rejected in totality. The court acknowledged that the calculation of future loss of earnings may change upon reconsideration of past loss and the application of contingencies, especially in light of expert evidence indicating a delayed career progression due to the accident. The court also recognized that another court may arrive at a different conclusion regarding the absence of proof of qualifications, but maintained that the application of contingencies remains within the court's...

Court Disposition

Leave to appeal to the full Court of this division is granted.

Orders

  • Leave to appeal to the full Court of this division is granted.
  • Costs of this application are costs in the appeal.