Milliken v Road Accident Fund (4739/06) [2012] ZAKZDHC 65 (7 November 2012)

Milliken v Road Accident Fund (4739/06) [2012] ZAKZDHC 65 (7 November 2012)

The court found that the plaintiff suffered permanent psychiatric and neurological injuries as a result of the accident, which significantly impaired his career prospects and earning capacity. Expert evidence established that but for the accident, the plaintiff would have advanced to senior management and director positions in the tobacco industry, earning substantially higher remuneration. The court accepted the projections of the plaintiff's industrial psychologist and applied contingency deductions of 6% for past loss, 7.5% for future loss but for the accident, and 11% for future loss having regard to the accident, reflecting the plaintiff's vulnerability and the uncertainties of...

Citation
[2012] ZAKZDHC 65
Parties
Plaintiff: Jonathan Ian Milliken; Defendant: Road Accident Fund
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
7 November 2012
Case Number
4739/06
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Judgment for the plaintiff. Defendant ordered to pay general damages, funeral expenses, costs, and provide an undertaking for future medical expenses. Loss of income to be discounted as specified and referred to actuary for computation.
Judges
D Pillay
Legal Topics
Road Accident Fund Act, Loss of Earnings, Personal Injury, Quantum of Damages, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Earnings Personal Injury Quantum of Damages Contingency Deductions

Case Brief

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Parties

Jonathan Ian Milliken

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 What is the appropriate quantum for past and future loss of earnings suffered by the plaintiff as a result of the accident.
  2. 2 How should contingencies be applied to the calculation of damages for loss of earnings.
  3. 3 What is the impact of the plaintiff's PTSD and temporal lobe epilepsy on his earning capacity.

Ratio Decidendi

The court found that the plaintiff suffered permanent psychiatric and neurological injuries as a result of the accident, which significantly impaired his career prospects and earning capacity. Expert evidence established that but for the accident, the plaintiff would have advanced to senior management and director positions in the tobacco industry, earning substantially higher remuneration. The court accepted the projections of the plaintiff's industrial psychologist and applied contingency deductions of 6% for past loss, 7.5% for future loss but for the accident, and 11% for future loss having regard to the accident, reflecting the plaintiff's vulnerability and the uncertainties of...

Court Disposition

Judgment for the plaintiff. Defendant ordered to pay general damages, funeral expenses, costs, and provide an undertaking for future medical expenses. Loss of income to be discounted as specified and referred to actuary for computation.

Orders

  • Judgment is entered for the plaintiff against the defendant for general damages in the sum of R450 000.00 and funeral expenses in the sum of R8 474.64.
  • The defendant is ordered to furnish to the plaintiff an undertaking in terms of section 17(4) of the Road Accident Fund Act 56 of 1996 for the costs of future accommodation, treatment, or services arising from the injuries sustained in the accident.