Nel v Road Accident Fund (8854/2015) [2018] ZAGPPHC 450 (9 March 2018)

Nel v Road Accident Fund (8854/2015) [2018] ZAGPPHC 450 (9 March 2018)

The court found that the plaintiff's employment history was unstable and she had been unemployed for five years prior to the accident. Although both parties agreed that she would likely have returned to teaching but for the accident, her injuries now preclude her from working as a teacher or tour guide. The court accepted the expert evidence that her work capacity is reduced by 25% and that she is now limited to sedentary work, reliant on a sympathetic employer. Applying the sliding scale theory and considering her circumstances, the court determined that a 10% contingency deduction is appropriate for past uninjured income, 30% for future uninjured income, and 65% for future injured...

Citation
[2018] ZAGPPHC 450
Parties
Plaintiff: Henriette Nel; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 March 2018
Case Number
8854/2015
Procedural Posture
Civil Trial / Quantification of Damages
Outcome
Judgment for the plaintiff. The defendant is ordered to pay the plaintiff R4,281,850.00 for past and future loss of earnings, plus interest and costs.
Judges
Petersen
Legal Topics
Road Accident Fund Act, Loss of Earnings, Contingency Deductions, Quantification of Damages
Delict Road Accident Fund Act Loss of Earnings Contingency Deductions Quantification of Damages

Case Brief

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Parties

Henriette Nel

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the plaintiff's past and future loss of earnings?
  2. 2 What is the quantum of damages for loss of earning capacity resulting from the plaintiff's injuries sustained in the motor vehicle accident?

Ratio Decidendi

The court found that the plaintiff's employment history was unstable and she had been unemployed for five years prior to the accident. Although both parties agreed that she would likely have returned to teaching but for the accident, her injuries now preclude her from working as a teacher or tour guide. The court accepted the expert evidence that her work capacity is reduced by 25% and that she is now limited to sedentary work, reliant on a sympathetic employer. Applying the sliding scale theory and considering her circumstances, the court determined that a 10% contingency deduction is appropriate for past uninjured income, 30% for future uninjured income, and 65% for future injured...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay the plaintiff R4,281,850.00 for past and future loss of earnings, plus interest and costs.

Orders

  • The Defendant is ordered to pay the Plaintiff the amount of R4,281,850.00 for past and future loss of earnings/earning capacity.
  • Interest on the amount is payable at the prescribed rate from the 15th calendar day after the date of this order until payment.