Mohloboli v Ralethohlane and Another (1929/2008) [2011] ZAFSHC 36 (24 February 2011)

Mohloboli v Ralethohlane and Another (1929/2008) [2011] ZAFSHC 36 (24 February 2011)

The court found that only the skull fracture and pelvic injury were proven on a balance of probabilities. The alleged head scarring and whiplash were not pleaded nor established by the evidence and were disregarded. The plaintiff suffered a linear skull fracture with mild concussion and intermittent headaches, and a fracture of the inferior pubic ramus and acetabulum, resulting in slight limitation of hip movement and asymmetry of the pelvis. No surgery was required and the injuries healed with conservative treatment. Comparative case law indicated that the plaintiff's injuries were less severe than those in the cited cases. The court determined that R80,000.00 was appropriate for general...

Citation
[2011] ZAFSHC 36
Parties
Plaintiff: Puleng Angelina Mohloboli; Defendant: Manema Merriam Ralethohlane; Defendant: Majana Clement Sithole
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 February 2011
Case Number
1929/2008
Procedural Posture
Civil Trial / Quantum Determination After Separation of Merits and Quantum
Outcome
Judgment for the plaintiff for general damages and future medical expenses, with costs on the magistrates’ court scale.
Judges
Kruger
Legal Topics
Road Accident Fund, Personal Injury, Quantum of Damages, Joint and Several Liability
Delict Road Accident Fund Personal Injury Quantum of Damages Joint and Several Liability

Case Brief

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Parties

Puleng Angelina Mohloboli

Plaintiff

Manema Merriam Ralethohlane

Defendant

Majana Clement Sithole

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Separation of Merits and Quantum

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's injuries sustained in the motor collision.
  2. 2 Which injuries suffered by the plaintiff are proven and compensable.
  3. 3 What costs scale should apply to the award.

Ratio Decidendi

The court found that only the skull fracture and pelvic injury were proven on a balance of probabilities. The alleged head scarring and whiplash were not pleaded nor established by the evidence and were disregarded. The plaintiff suffered a linear skull fracture with mild concussion and intermittent headaches, and a fracture of the inferior pubic ramus and acetabulum, resulting in slight limitation of hip movement and asymmetry of the pelvis. No surgery was required and the injuries healed with conservative treatment. Comparative case law indicated that the plaintiff's injuries were less severe than those in the cited cases. The court determined that R80,000.00 was appropriate for general...

Court Disposition

Judgment for the plaintiff for general damages and future medical expenses, with costs on the magistrates’ court scale.

Orders

  • Defendants are ordered, jointly and severally, the one paying the other to be absolved accordingly, to pay the plaintiff general damages of R80,000.00.
  • Defendants are ordered to pay the plaintiff future medical expenses in the amount of R3,360.00.