Nkuna v Road Accident Fund (46097/12) [2017] ZAGPPHC 1195 (13 September 2017)

Parties

Procedural Posture

Civil Trial / Damages Assessment After Liability Admitted

Legal Issues

1. 1 Whether the plaintiff suffered a brain injury resulting in neurocognitive deficiencies affecting future employability.
2. 2 Whether the plaintiff proved future loss of earnings or earning capacity as a result of the accident.
3. 3 What is the appropriate quantum for future loss of earnings given the plaintiff's educational history and physical limitations.

Ratio Decidendi

The court found that the plaintiff did not prove she suffered a brain injury resulting in neurocognitive deficiencies affecting future employability, as no neurosurgeon's report was presented and hospital records showed no head injury. The plaintiff's educational history established she only passed Standard 9 (Grade 11), not matric, and the status of her diploma was unconfirmed and not equivalent to matric. The court accepted that the plaintiff sustained orthopaedic injuries resulting in chronic pain and some physical limitations, but retained residual earning capacity for sedentary and light work. The quantum for future loss of earnings was calculated based on her likely career...

Court Disposition

Judgment for the plaintiff against the defendant for loss of earning capacity.

Orders

• The defendant is ordered to pay the capital amount of R1,548,400.00 to the plaintiff in respect of her loss of earning capacity or future loss of earnings on or before 15 October 2017.
• Should the defendant fail to pay the said amount, interest at 15.5% per annum is payable from the date of order to date of payment.