Masemola v RAF (53419/2014) [2017] ZAGPPHC 1202 (3 April 2017)

Masemola v RAF (53419/2014) [2017] ZAGPPHC 1202 (3 April 2017)

The court found that while the plaintiff suffered serious orthopaedic injuries, scarring, chronic pain, psychological sequelae, and anticipated early onset of erectile dysfunction, the severity of sequelae in comparable cases cited by the plaintiff was greater. The court determined that the multiplicity of injuries is less important than the actual impact on the plaintiff's life. After weighing the expert evidence, comparable awards, and the parties' submissions, the court concluded that an award of R850,000.00 for general damages is reasonable and fair. The plaintiff is entitled to recover trial costs for only one day due to the delay caused by argument over the nature of the neck...

Citation
[2017] ZAGPPHC 1202
Parties
Plaintiff: Mabuti Jacob Masemola; Defendant: The Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 April 2017
Case Number
53419/2014
Procedural Posture
Civil Trial / Determination of General Damages After Settlement of Merits and Other Heads of Claim
Outcome
General damages awarded to the plaintiff in the amount of R850,000.00. Plaintiff entitled to recover trial costs for one day only.
Judges
Makhubele
Legal Topics
Road Accident Fund, General Damages, Assessment of Comparable Awards, Pain and Suffering, Loss of Amenities of Life
Delict Civil Procedure Road Accident Fund General Damages Assessment of Comparable Awards Pain and Suffering Loss of Amenities of Life

Case Brief

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Parties

Mabuti Jacob Masemola

Plaintiff

The Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Determination of General Damages After Settlement of Merits and Other Heads of Claim

Legal Issues

  1. 1 What is the appropriate amount of general damages to be awarded to the plaintiff for injuries sustained in a motor vehicle accident.
  2. 2 How should comparable awards and the severity of sequelae be weighed in determining general damages.
  3. 3 Should the plaintiff recover trial costs for two days given the delay caused by argument over the nature of the neck injury.

Ratio Decidendi

The court found that while the plaintiff suffered serious orthopaedic injuries, scarring, chronic pain, psychological sequelae, and anticipated early onset of erectile dysfunction, the severity of sequelae in comparable cases cited by the plaintiff was greater. The court determined that the multiplicity of injuries is less important than the actual impact on the plaintiff's life. After weighing the expert evidence, comparable awards, and the parties' submissions, the court concluded that an award of R850,000.00 for general damages is reasonable and fair. The plaintiff is entitled to recover trial costs for only one day due to the delay caused by argument over the nature of the neck...

Court Disposition

General damages awarded to the plaintiff in the amount of R850,000.00. Plaintiff entitled to recover trial costs for one day only.

Orders

  • The Road Accident Fund shall pay the plaintiff R850,000.00 as general damages.
  • The plaintiff is entitled to recover trial costs for one day only, namely, 07 March 2017.