M.L.M obo K.I.M v MEC for Education, North West Provincial Government (1264/2006) [2013] ZANWHC 54 (16 May 2013)

M.L.M obo K.I.M v MEC for Education, North West Provincial Government (1264/2006) [2013] ZANWHC 54 (16 May 2013)

The court found that the minor child suffered a depressed skull fracture with associated pain, anxiety, and temporary loss of amenities, but his educational abilities remained unaffected and the scar was not disfiguring. The court was not satisfied that the ongoing symptoms such as headaches and dizziness were proven to be caused by the injury, due to insufficient medical evidence. Using Van Oudtshoorn as a comparative yardstick, the court determined that the injuries and consequences in this case were less severe than those in the precedent, and awarded R120,000 for general damages. Future medical expenses were awarded at R13,200, based on the expert report and reasonable estimation....

Citation
[2013] ZANWHC 54
Parties
Plaintiff: M L M o.b.o K I M; Defendant: MEC for Education, North West Provincial Government
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
16 May 2013
Case Number
1264/2006
Procedural Posture
Civil Trial / Quantum Determination After Liability Established
Outcome
Plaintiff awarded general damages and future medical expenses; costs granted on High Court scale.
Judges
A A Landman
Legal Topics
Personal Injury, Quantum of Damages, Causation, Future Medical Expenses
Delict Civil Procedure Personal Injury Quantum of Damages Causation Future Medical Expenses

Case Brief

Summary, issues, holding and outcome

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Parties

M L M o.b.o K I M

Plaintiff

MEC for Education, North West Provincial Government

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Established

Legal Issues

  1. 1 What is the appropriate quantum of general damages for the minor child's injury caused by the falling goal post.
  2. 2 What amount should be awarded for future medical expenses related to the injury.
  3. 3 Whether the minor child's ongoing symptoms are causally linked to the incident and compensable.

Ratio Decidendi

The court found that the minor child suffered a depressed skull fracture with associated pain, anxiety, and temporary loss of amenities, but his educational abilities remained unaffected and the scar was not disfiguring. The court was not satisfied that the ongoing symptoms such as headaches and dizziness were proven to be caused by the injury, due to insufficient medical evidence. Using Van Oudtshoorn as a comparative yardstick, the court determined that the injuries and consequences in this case were less severe than those in the precedent, and awarded R120,000 for general damages. Future medical expenses were awarded at R13,200, based on the expert report and reasonable estimation....

Court Disposition

Plaintiff awarded general damages and future medical expenses; costs granted on High Court scale.

Orders

  • The defendant shall pay to the plaintiff R120,000 as general damages and R13,200 as future medical expenses within 7 days, failing which interest at 15.5% per annum will accrue from that date until payment.
  • The defendant shall pay the plaintiff's taxed or agreed party and party costs, including reasonable taxable costs for the expert medico-legal report from Dr Jaap Earle served in terms of Rule 36(9)(a) and (b).