N.G.M obo R.V.M v Member of the Executive Council for the Department of Health: Free State Province (2399/2017) [2025] ZAFSHC 8 (14 January 2025)

Parties

Procedural Posture

Delictual Claim / Quantification of Damages; Separation of Issues Under Rule 33(4)

Legal Issues

1. 1 What is the appropriate contingency deduction to apply to the minor's claim for loss of earning capacity resulting from medical negligence?
2. 2 Should the contingency deduction deviate from the normal range of 15% to 20% given the minor's circumstances and high unemployment rates?
3. 3 Is the establishment of a trust for the minor's benefit necessary and appropriate under the circumstances?

Ratio Decidendi

The court found that the appropriate contingency deduction for the minor's loss of earning capacity should be within the normal range of 15% to 20%, as established by precedent. The high unemployment rate and diminished earning capacity are normal vicissitudes of life and do not warrant a higher deduction. The actuarial calculation based on expert evidence and joint minutes was accepted, and a 20% contingency deduction was applied to the pre-morbid future earnings. The establishment of a trust for the minor's benefit was ordered to protect the funds awarded and ensure proper administration. The defendant was ordered to pay the quantified amount for loss of earnings, interest if payment is...

Court Disposition

Plaintiff's claim for loss of earning capacity is upheld with a 20% contingency deduction applied. Defendant ordered to pay R635,740.00 and costs. Trust to be established for the minor's benefit.

Orders

• Defendant to pay Plaintiff, in her representative capacity, R635,740.00 in full and final settlement of the claim for loss of earnings.
• Defendant to pay interest on the amount if not paid within 30 days, at the prescribed rate, from the 31st day after judgment until final payment.