N C OBO N Z v Road Accident Fund (26302/15) [2018] ZAGPJHC 63 (4 April 2018)

N C OBO N Z v Road Accident Fund (26302/15) [2018] ZAGPJHC 63 (4 April 2018)

The court found that the plaintiff failed to establish, on a balance of probabilities, a nexus between the accident and the minor child's cognitive deficits. However, given the defendant's concession and the evidence that even mild brain injuries may result in future academic difficulties, the court exercised its discretion to apply a 30% post-morbid contingency deduction to the calculation of future loss of earnings. The actuarial calculation of R708,249.00 was accepted as just compensation. The issue of general damages was postponed sine die, and a trust was ordered to be established for the minor child's benefit. The defendant was ordered to furnish a section 17(4)(a) undertaking and...

Citation
[2018] ZAGPJHC 63
Parties
Plaintiff: N C o.b.o. N Z; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 April 2018
Case Number
26302/15
Procedural Posture
Civil Trial / Quantum of Damages for Future Loss of Earnings
Outcome
Judgment granted in favour of the plaintiff for future loss of income; general damages postponed sine die; trust to be established for the minor child; section 17(4)(a) undertaking ordered; costs awarded to plaintiff.
Judges
R S Willis
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deductions, Future Medical Expenses, Trust Creation for Minor
Civil Procedure Delict Road Accident Fund Act Loss of Earning Capacity Contingency Deductions Future Medical Expenses Trust Creation for Minor

Case Brief

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Parties

N C o.b.o. N Z

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages for Future Loss of Earnings

Legal Issues

  1. 1 Whether the minor child suffered a brain injury resulting in future loss of earning capacity attributable to the accident.
  2. 2 What contingency deduction should be applied to the calculation of future loss of earnings.
  3. 3 Whether the evidence establishes a nexus between the accident and the minor child's cognitive deficits.

Ratio Decidendi

The court found that the plaintiff failed to establish, on a balance of probabilities, a nexus between the accident and the minor child's cognitive deficits. However, given the defendant's concession and the evidence that even mild brain injuries may result in future academic difficulties, the court exercised its discretion to apply a 30% post-morbid contingency deduction to the calculation of future loss of earnings. The actuarial calculation of R708,249.00 was accepted as just compensation. The issue of general damages was postponed sine die, and a trust was ordered to be established for the minor child's benefit. The defendant was ordered to furnish a section 17(4)(a) undertaking and...

Court Disposition

Judgment granted in favour of the plaintiff for future loss of income; general damages postponed sine die; trust to be established for the minor child; section 17(4)(a) undertaking ordered; costs awarded to plaintiff.

Orders

  • Judgment is granted in favour of the plaintiff in the amount of R708,249.00 in respect of future loss of income.
  • The issue of general damages is postponed sine die.