Mvandaba v Road Accident Fund (3890/2015) [2018] ZAECGHC 15 (27 February 2018)

Mvandaba v Road Accident Fund (3890/2015) [2018] ZAECGHC 15 (27 February 2018)

The court found that the plaintiff suffered both physical and psychological injuries that have rendered him unable to continue working as a Production Assistant or progress to Second Assistant Director in the film industry. The evidence established that the plaintiff was a preferred Production Assistant and would have been promoted to Second Assistant Director by 2017 at the latest. The court rejected the defendant's reliance on census data and accepted the direct evidence from the plaintiff and his agent regarding his career trajectory and earning capacity. The court determined that the plaintiff's pre-morbid earning pattern was four days per week for ten months per year and that...

Citation
[2018] ZAECGHC 15
Parties
Plaintiff: Bonginkosi Mvandaba; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
27 February 2018
Case Number
3890/2015
Procedural Posture
Civil Trial / Quantification of Damages After Merits Settled
Outcome
Plaintiff's claim for past and future loss of earnings is upheld. Defendant is ordered to pay the quantified damages and costs.
Judges
NG Beshe
Legal Topics
Road Accident Fund Act, Loss of Earnings, Quantification of Damages, Expert Evidence, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Earnings Quantification of Damages Expert Evidence Contingency Deductions

Case Brief

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Parties

Bonginkosi Mvandaba

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Merits Settled

Legal Issues

  1. 1 What is the appropriate amount to be awarded for the plaintiff's past and future loss of earnings resulting from the motor vehicle accident.
  2. 2 Whether the plaintiff would have progressed to the position of Second Assistant Director in the film industry and when.
  3. 3 What is the correct methodology for calculating the plaintiff's pre- and post-morbid earning capacity.

Ratio Decidendi

The court found that the plaintiff suffered both physical and psychological injuries that have rendered him unable to continue working as a Production Assistant or progress to Second Assistant Director in the film industry. The evidence established that the plaintiff was a preferred Production Assistant and would have been promoted to Second Assistant Director by 2017 at the latest. The court rejected the defendant's reliance on census data and accepted the direct evidence from the plaintiff and his agent regarding his career trajectory and earning capacity. The court determined that the plaintiff's pre-morbid earning pattern was four days per week for ten months per year and that...

Court Disposition

Plaintiff's claim for past and future loss of earnings is upheld. Defendant is ordered to pay the quantified damages and costs.

Orders

  • Defendant shall pay to the Plaintiff’s attorney of record by electronic transfer within 14 days of receipt of this Order the sum of R2,740,255.00 in respect of the Plaintiff’s past and future loss of income.
  • Defendant shall pay the Plaintiff’s taxed or agreed costs on a party and party scale, including costs attendant upon obtaining payment of the capital amount, expert witness fees and expenses, reasonable travel and accommodation costs, and attorney fees.