Mdluli obo KM v Road Accident Fund (2012/07895) [2022] ZAGPJHC 606 (24 August 2022)

Mdluli obo KM v Road Accident Fund (2012/07895) [2022] ZAGPJHC 606 (24 August 2022)

The court found that the plaintiff failed to prove, on a balance of probabilities, that the injuries sustained by the minor child in the collision caused a diminished earning capacity. The expert evidence relied too heavily on inference and speculation, lacking sufficient pre-morbid data and failing to distinguish the effects of the first accident from subsequent trauma and other factors such as the Covid-19 pandemic. The minor child’s development and academic performance were normal for several years after the accident, and the drop in school performance coincided with a second traumatic event and external factors. The court was not convinced that the injuries from the first accident...

Citation
[2022] ZAGPJHC 606
Parties
Plaintiff: Mdluli Makhosazane Precious obo K [....] M [....]; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 August 2022
Case Number
2012/07895
Procedural Posture
Civil Trial / Judgment After Default Hearing; Liability for Future Loss of Earnings Contested
Outcome
Claim for future loss of earnings and earning capacity dismissed. General damages and undertaking for future medical expenses settled.
Judges
Strydom
Legal Topics
Road Accident Fund Act, Personal Injury, Future Loss of Earnings, Expert Evidence, Contingency Deductions
Civil Procedure Delict Road Accident Fund Act Personal Injury Future Loss of Earnings Expert Evidence Contingency Deductions

Case Brief

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Parties

Mdluli Makhosazane Precious obo K [....] M [....]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Default Hearing; Liability for Future Loss of Earnings Contested

Legal Issues

  1. 1 Whether the minor child sustained injuries as a result of the collision.
  2. 2 Whether the injuries caused the minor child damages in the form of loss of or diminished earning capacity.

Ratio Decidendi

The court found that the plaintiff failed to prove, on a balance of probabilities, that the injuries sustained by the minor child in the collision caused a diminished earning capacity. The expert evidence relied too heavily on inference and speculation, lacking sufficient pre-morbid data and failing to distinguish the effects of the first accident from subsequent trauma and other factors such as the Covid-19 pandemic. The minor child’s development and academic performance were normal for several years after the accident, and the drop in school performance coincided with a second traumatic event and external factors. The court was not convinced that the injuries from the first accident...

Court Disposition

Claim for future loss of earnings and earning capacity dismissed. General damages and undertaking for future medical expenses settled.

Orders

  • The claim for future loss of earnings and earning capacity is dismissed.
  • The Road Accident Fund is to provide an undertaking for future medical expenses in terms of section 17(4)(a) of the Road Accident Fund Act.