Myekwa v Road Accident Fund (56080/2012) [2020] ZAGPPHC 62 (21 February 2020)

Myekwa v Road Accident Fund (56080/2012) [2020] ZAGPPHC 62 (21 February 2020)

The court found that the plaintiff's post-accident earning capacity should be determined at the midpoint between the median and upper notch for semi-skilled work, namely R116,000 per annum, as supported by the consensus of the educational psychologists and industrial experts. The court rejected the plaintiff's submission for a 70% contingency deduction as excessive, finding that a 35% deduction was more appropriate given the plaintiff's increased but not overwhelming risk of unemployment. After applying the agreed pre-accident contingencies and calculating the difference between pre- and post-accident earning capacities, the court deducted the 10% apportionment for liability, resulting in...

Citation
[2020] ZAGPPHC 62
Parties
Plaintiff: Avela Myekwa; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 February 2020
Case Number
56080/2012
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
The plaintiff is awarded damages for loss of income in the amount of R4,889,650, subject to the agreed costs order.
Judges
Millar
Legal Topics
Loss of Income, Contingency Deductions, Apportionment of Liability, Quantification of Damages
Delict Loss of Income Contingency Deductions Apportionment of Liability Quantification of Damages

Case Brief

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Parties

Avela Myekwa

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 What is the appropriate post-accident income ceiling for the plaintiff's loss of earnings?
  2. 2 What contingency deduction should be applied to the plaintiff's post-accident earning capacity?

Ratio Decidendi

The court found that the plaintiff's post-accident earning capacity should be determined at the midpoint between the median and upper notch for semi-skilled work, namely R116,000 per annum, as supported by the consensus of the educational psychologists and industrial experts. The court rejected the plaintiff's submission for a 70% contingency deduction as excessive, finding that a 35% deduction was more appropriate given the plaintiff's increased but not overwhelming risk of unemployment. After applying the agreed pre-accident contingencies and calculating the difference between pre- and post-accident earning capacities, the court deducted the 10% apportionment for liability, resulting in...

Court Disposition

The plaintiff is awarded damages for loss of income in the amount of R4,889,650, subject to the agreed costs order.

Orders

  • The defendant is ordered to pay the plaintiff R4,889,650 for loss of income.
  • The draft order marked 'XYZ' regarding costs is made an order of court.