MB v Road Accident Fund (2015/26884) [2018] ZAGPJHC 572 (21 September 2018)

MB v Road Accident Fund (2015/26884) [2018] ZAGPJHC 572 (21 September 2018)

The court found that the plaintiff had not been rendered completely unemployable by the injuries sustained in the collision. The evidence established that she suffered soft tissue injuries and ongoing pain, but retained a residual earning capacity. The court rejected the plaintiff's experts' conclusion of total unemployability, noting that the plaintiff's physical limitations did not amount to complete disability. The court determined that her earning capacity was compromised by 10% and applied this reduction to the actuarial calculation of her pre-morbid income. The plaintiff was awarded R299,003 for past and future loss of earnings. The claim for general damages was referred to the...

Citation
[2018] ZAGPJHC 572
Parties
Plaintiff: M, B; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 September 2018
Case Number
2015/26884
Procedural Posture
Delictual Claim / Trial
Outcome
Plaintiff partially succeeds; awarded damages for loss of earnings, claim for general damages referred to HPCSA Appeals Tribunal.
Judges
L R Adams
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Quantification of Damages, Expert Evidence
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Quantification of Damages Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

M, B

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Claim / Trial

Legal Issues

  1. 1 Whether the plaintiff has suffered a loss of earning capacity as a result of injuries sustained in the motor vehicle collision.
  2. 2 Whether the plaintiff is entitled to delictual damages for future loss of earnings.
  3. 3 Whether the plaintiff qualifies for general damages under the Road Accident Fund Act and regulations.

Ratio Decidendi

The court found that the plaintiff had not been rendered completely unemployable by the injuries sustained in the collision. The evidence established that she suffered soft tissue injuries and ongoing pain, but retained a residual earning capacity. The court rejected the plaintiff's experts' conclusion of total unemployability, noting that the plaintiff's physical limitations did not amount to complete disability. The court determined that her earning capacity was compromised by 10% and applied this reduction to the actuarial calculation of her pre-morbid income. The plaintiff was awarded R299,003 for past and future loss of earnings. The claim for general damages was referred to the...

Court Disposition

Plaintiff partially succeeds; awarded damages for loss of earnings, claim for general damages referred to HPCSA Appeals Tribunal.

Orders

  • The defendant shall pay the plaintiff R299,003 for loss of earnings.
  • The plaintiff's claim for general damages is referred to the Appeals Tribunal of the Health Professions Council of South Africa.