Nordmann v University of the Witwatersrand (2019/39597) [2024] ZAGPJHC 757 (26 July 2024)

Nordmann v University of the Witwatersrand (2019/39597) [2024] ZAGPJHC 757 (26 July 2024)

The court found that the plaintiff suffered severe injuries resulting in permanent functional limitations, which precluded her from pursuing a career as a performing artist and significantly restricted her earning capacity in teaching and drama therapy. The evidence of the plaintiff's experts, particularly Dr Versfeld and Ms Jackson, was preferred over that of the defendant's expert, whose assessment was found to be superficial and inconsistent with the probabilities and admitted facts. The court accepted the actuarial calculations for future medical expenses and loss of earnings, subject to apportionment based on the previously settled liability. The National Health Insurance Act was...

Citation
[2024] ZAGPJHC 757
Parties
Plaintiff: Michela Liliana Nordmann; Defendant: University of the Witwatersrand
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 July 2024
Case Number
2019/39597
Procedural Posture
Civil Trial / Quantum Determination After Liability Settlement
Outcome
Judgment for the plaintiff. Damages awarded as quantified, with costs on Scale C.
Judges
Moorcroft
Legal Topics
Personal Injury, Quantum of Damages, Expert Evidence, Future Medical Expenses, Loss of Earnings
Delict Civil Procedure Personal Injury Quantum of Damages Expert Evidence Future Medical Expenses Loss of Earnings

Case Brief

Summary, issues, holding and outcome

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Parties

Michela Liliana Nordmann

Plaintiff

University of the Witwatersrand

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Settlement

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's injuries sustained during practical tuition at the defendant's premises.
  2. 2 How should expert evidence regarding future medical expenses and loss of earnings be evaluated and weighed.
  3. 3 Should the National Health Insurance Act 20 of 2023 affect the contingency deduction for future medical expenses.

Ratio Decidendi

The court found that the plaintiff suffered severe injuries resulting in permanent functional limitations, which precluded her from pursuing a career as a performing artist and significantly restricted her earning capacity in teaching and drama therapy. The evidence of the plaintiff's experts, particularly Dr Versfeld and Ms Jackson, was preferred over that of the defendant's expert, whose assessment was found to be superficial and inconsistent with the probabilities and admitted facts. The court accepted the actuarial calculations for future medical expenses and loss of earnings, subject to apportionment based on the previously settled liability. The National Health Insurance Act was...

Court Disposition

Judgment for the plaintiff. Damages awarded as quantified, with costs on Scale C.

Orders

  • The defendant shall pay the plaintiff damages in the sum of R11,289,412.86, apportioned as specified.
  • Interest at 11.75% per annum on the aforesaid amount from the date of order to date of payment.