M.M v Road Accident Fund (14250/2016) [2020] ZAGPPHC 96 (17 April 2020)

M.M v Road Accident Fund (14250/2016) [2020] ZAGPPHC 96 (17 April 2020)

The court found, based on expert evidence, that the plaintiff is most likely unemployable for the rest of her life due to her injuries, lack of skills, and the competitive nature of the South African labour market. The court adopted scenario 1 for quantum calculations, applying a 20% contingency deduction for future loss of earnings, as proposed by the defendant, given the plaintiff's young age, lack of work history, and uncertainties regarding her future prospects. The court accepted the actuarial figures from the Jacobson report, which used the effective date of Paterson earnings as July 2019 and assumed a three-year completion period for the Diploma qualification. For general damages,...

Citation
[2020] ZAGPPHC 96
Parties
Plaintiff: M[….], M[….]; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 April 2020
Case Number
14250/2016
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
The plaintiff's claim for quantum was upheld, with the defendant ordered to pay specified damages, furnish a statutory undertaking, and pay costs subject to further submissions.
Judges
VM Movshovich
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Contingency Deductions, Quantum Assessment
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Contingency Deductions Quantum Assessment

Case Brief

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Parties

M[….], M[….]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 Whether the plaintiff has been rendered unemployable in the open labour market or is likely to obtain some employment in future.
  2. 2 Whether Paterson earnings should be applied from January or July 2019 for quantum calculations.
  3. 3 Whether the plaintiff would have completed her Diploma qualification in two or three years for earnings progression.

Ratio Decidendi

The court found, based on expert evidence, that the plaintiff is most likely unemployable for the rest of her life due to her injuries, lack of skills, and the competitive nature of the South African labour market. The court adopted scenario 1 for quantum calculations, applying a 20% contingency deduction for future loss of earnings, as proposed by the defendant, given the plaintiff's young age, lack of work history, and uncertainties regarding her future prospects. The court accepted the actuarial figures from the Jacobson report, which used the effective date of Paterson earnings as July 2019 and assumed a three-year completion period for the Diploma qualification. For general damages,...

Court Disposition

The plaintiff's claim for quantum was upheld, with the defendant ordered to pay specified damages, furnish a statutory undertaking, and pay costs subject to further submissions.

Orders

  • The defendant shall pay the plaintiff R486,948.00 for past loss of earnings.
  • The defendant shall pay the plaintiff R6,667,532.00 for future loss of earnings/earning capacity.