Moloi v Road Accident Fund (6707/2017) [2022] ZAFSHC 259 (20 October 2022)

Moloi v Road Accident Fund (6707/2017) [2022] ZAFSHC 259 (20 October 2022)

The court found that the plaintiff failed to prove any future loss of earnings. The expert evidence relied upon was outdated, lacked collateral verification, and did not include input from the plaintiff's current employer. The plaintiff had obtained her degree, was employed as an audit trainee, and was furthering her studies, demonstrating resilience and improvement. No observable scarring or facial injuries were noted by the court. The plaintiff did not testify to her current emotional or cognitive difficulties, and there was no evidence that her workplace performance was impaired. On a balance of probabilities, the plaintiff did not discharge the onus of proving future loss of earnings....

Citation
[2022] ZAFSHC 259
Parties
Plaintiff: Mananyana Jane Moloi; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 October 2022
Case Number
6707/2017
Procedural Posture
Civil Trial / Quantum of Damages (loss of Earnings)
Outcome
Claim for future loss of earnings dismissed; past loss of earnings awarded.
Judges
P J Loubser
Legal Topics
Loss of Earnings, Emotional and Cognitive Impairment, Burden of Proof, Expert Evidence, Contingency Deduction
Delict Loss of Earnings Emotional and Cognitive Impairment Burden of Proof Expert Evidence Contingency Deduction

Case Brief

Summary, issues, holding and outcome

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Parties

Mananyana Jane Moloi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages (loss of Earnings)

Legal Issues

  1. 1 Whether the plaintiff proved a loss of future earnings arising from emotional, cognitive and psychological effects of injuries sustained in a motor accident.
  2. 2 Whether the expert evidence presented was sufficient to establish future loss of income.
  3. 3 Whether the plaintiff discharged the onus of proof regarding her alleged diminished earning capacity.

Ratio Decidendi

The court found that the plaintiff failed to prove any future loss of earnings. The expert evidence relied upon was outdated, lacked collateral verification, and did not include input from the plaintiff's current employer. The plaintiff had obtained her degree, was employed as an audit trainee, and was furthering her studies, demonstrating resilience and improvement. No observable scarring or facial injuries were noted by the court. The plaintiff did not testify to her current emotional or cognitive difficulties, and there was no evidence that her workplace performance was impaired. On a balance of probabilities, the plaintiff did not discharge the onus of proving future loss of earnings....

Court Disposition

Claim for future loss of earnings dismissed; past loss of earnings awarded.

Orders

  • The Defendant is ordered to pay to the Plaintiff the amount of R840,211.00 for past loss of earnings within 180 days of the date of this Order.
  • The Defendant is ordered to pay the Plaintiff's costs of suit, including the qualifying and reservation fees of Ms Stanton, Ms Gibson, Dr Fourie and Mr Immermann not already covered by the Court order of 24 May 2022.