Mofokeng v RAF (14047/2010) [2017] ZAGPPHC 1201 (11 August 2017)

Mofokeng v RAF (14047/2010) [2017] ZAGPPHC 1201 (11 August 2017)

The court found that the plaintiff sustained serious bodily and psychological injuries in two separate motor vehicle collisions, resulting in permanent impairment, chronic pain, depression, and loss of employability. Expert evidence established that she could no longer perform her previous work as a childcare worker and was unlikely to secure alternative employment of an administrative nature due to her physical and psychological limitations. The court considered comparable case law and actuarial evidence to determine a fair and reasonable quantum for general damages and loss of earnings. The defendant was ordered to pay R1,143,742.00 for loss of earnings and R600,000.00 for general...

Citation
[2017] ZAGPPHC 1201
Parties
Plaintiff: Dibakiso Rose Mofokeng (Kwebu); Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 August 2017
Case Number
14047/2010
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff. The defendant is ordered to pay damages, costs, and provide an undertaking for future medical expenses.
Judges
Ngobeni
Legal Topics
Personal Injury, Loss of Earnings, General Damages, Future Medical Expenses
Delict Civil Procedure Personal Injury Loss of Earnings General Damages Future Medical Expenses

Case Brief

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Parties

Dibakiso Rose Mofokeng (Kwebu)

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 What is the appropriate quantum for general damages arising from the plaintiff's injuries sustained in two motor vehicle collisions.
  2. 2 What is the extent of the plaintiff's past and future loss of earnings due to the sequelae of her injuries.
  3. 3 Is the plaintiff entitled to an undertaking for future medical and hospital expenses under section 17(4)(a) of Act 56 of 1996.

Ratio Decidendi

The court found that the plaintiff sustained serious bodily and psychological injuries in two separate motor vehicle collisions, resulting in permanent impairment, chronic pain, depression, and loss of employability. Expert evidence established that she could no longer perform her previous work as a childcare worker and was unlikely to secure alternative employment of an administrative nature due to her physical and psychological limitations. The court considered comparable case law and actuarial evidence to determine a fair and reasonable quantum for general damages and loss of earnings. The defendant was ordered to pay R1,143,742.00 for loss of earnings and R600,000.00 for general...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay damages, costs, and provide an undertaking for future medical expenses.

Orders

  • The defendant is ordered to pay R1,743,742.00 to the plaintiff in respect of loss of past and future earnings into the trust account of Ackerman Swart Incorporated.
  • Should the defendant fail to pay within 14 days, interest at 10.5% per annum will accrue from the date of the order until payment.