Meintjies v Road Accident Fund (92470/15) [2018] ZAGPPHC 688 (14 September 2018)

Meintjies v Road Accident Fund (92470/15) [2018] ZAGPPHC 688 (14 September 2018)

The court accepted the parties' agreement to use the plaintiff's actuarial report and the joint minute of the Industrial Psychologists as the evidentiary basis for quantifying loss of future earnings. Although the plaintiff's business had prospered since the accident, the court found that her physical limitations could require her to employ additional staff and potentially retire earlier, impacting her future income. However, there was no conclusive evidence of early retirement or the precise financial impact of hiring an additional teacher. The court determined that a contingency deduction of 25% for the post-accident scenario was appropriate, resulting in a calculated loss of future...

Citation
[2018] ZAGPPHC 688
Parties
Plaintiff: B Meintjies; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 September 2018
Case Number
92470/15
Procedural Posture
Civil Trial / Quantification of Damages After Merits Settled
Outcome
Plaintiff's claim for loss of future earnings is upheld in the amount of R1,091,804. Amendment to particulars of claim granted. Undertaking for future medical expenses ordered. Costs awarded to plaintiff.
Judges
Van der Schyff
Legal Topics
Loss of Earning Capacity, Contingency Deductions, Road Accident Fund Act, Quantification of Damages
Civil Procedure Delict Loss of Earning Capacity Contingency Deductions Road Accident Fund Act Quantification of Damages

Case Brief

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Parties

B Meintjies

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Merits Settled

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the plaintiff's claim for loss of future earnings?
  2. 2 Should the actuarial report and joint minute of the Industrial Psychologists be accepted as the evidentiary basis for quantification?
  3. 3 Is the plaintiff entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act?

Ratio Decidendi

The court accepted the parties' agreement to use the plaintiff's actuarial report and the joint minute of the Industrial Psychologists as the evidentiary basis for quantifying loss of future earnings. Although the plaintiff's business had prospered since the accident, the court found that her physical limitations could require her to employ additional staff and potentially retire earlier, impacting her future income. However, there was no conclusive evidence of early retirement or the precise financial impact of hiring an additional teacher. The court determined that a contingency deduction of 25% for the post-accident scenario was appropriate, resulting in a calculated loss of future...

Court Disposition

Plaintiff's claim for loss of future earnings is upheld in the amount of R1,091,804. Amendment to particulars of claim granted. Undertaking for future medical expenses ordered. Costs awarded to plaintiff.

Orders

  • The proposed amendment to the plaintiff's particulars of claim is granted.
  • General damages are separated from other heads of damages in terms of Rule 33(4).