Matsimela v Road Accident Fund (5852/2018) [2019] ZAGPPHC 398 (27 August 2019)

Matsimela v Road Accident Fund (5852/2018) [2019] ZAGPPHC 398 (27 August 2019)

The court found that the plaintiff's injuries and socio-economic background made it unlikely he would achieve his pre-accident earning potential. The expert evidence presented two scenarios for future earnings, and the court accepted the plaintiff's concession of a 25% contingency deduction on the 'but for' scenario. Given the likelihood of scenario 1 and the possibility of scenario 2, the court determined that the median between the two scenarios was the fairest approach. The total damages for loss of income and general damages amounted to R 4 934 395.00, and after applying the agreed 10% apportionment deduction, the award to the plaintiff was R 4 440 955.50.

Citation
[2019] ZAGPPHC 398
Parties
Plaintiff: Mashota Matime Matsimela; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 August 2019
Case Number
5852/2018
Procedural Posture
Civil Trial / Quantum Determination After Partial Settlement
Outcome
Plaintiff's claim for damages is upheld. The quantum for future loss of earnings is determined as the median between two expert scenarios, and the total award is subject to a 10% apportionment deduction.
Judges
J.J.C. Swanepoel
Legal Topics
Loss of Earnings, Contingency Deductions, Personal Injury, Apportionment of Damages
Delict Loss of Earnings Contingency Deductions Personal Injury Apportionment of Damages

Case Brief

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Parties

Mashota Matime Matsimela

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 What is the appropriate quantum for future loss of earnings suffered by the plaintiff as a result of the accident.
  2. 2 What contingency deductions should be applied to the plaintiff's pre- and post-accident earning scenarios.
  3. 3 Should the median between two expert scenarios be adopted for the calculation of future loss of earnings.

Ratio Decidendi

The court found that the plaintiff's injuries and socio-economic background made it unlikely he would achieve his pre-accident earning potential. The expert evidence presented two scenarios for future earnings, and the court accepted the plaintiff's concession of a 25% contingency deduction on the 'but for' scenario. Given the likelihood of scenario 1 and the possibility of scenario 2, the court determined that the median between the two scenarios was the fairest approach. The total damages for loss of income and general damages amounted to R 4 934 395.00, and after applying the agreed 10% apportionment deduction, the award to the plaintiff was R 4 440 955.50.

Court Disposition

Plaintiff's claim for damages is upheld. The quantum for future loss of earnings is determined as the median between two expert scenarios, and the total award is subject to a 10% apportionment deduction.

Orders

  • The order marked 'X' is made an order of Court.
  • Defendant is ordered to pay the plaintiff R 4 440 955.50 as damages for loss of income and general damages, subject to the agreed apportionment.