N.S obo S v Road Accident Fund (37019/2014) [2015] ZAGPPHC 954 (8 July 2015)

N.S obo S v Road Accident Fund (37019/2014) [2015] ZAGPPHC 954 (8 July 2015)

The court found that the defendant had conceded liability for proven damages and, by failing to respond to the pre-trial minute, was deemed to have admitted the plaintiff's expert reports. The expert evidence established that S. suffered severe neurocognitive and physical disabilities resulting in permanent unemployability. The actuarial calculation, based on the industrial psychologist's opinion, was accepted. The court determined that a contingency deduction of 23%, calculated on a sliding scale of 0.5% per year of estimated working life, was fair and equitable. The court awarded damages for future loss of earnings in the amount of R2,189,110.00, together with general damages and costs...

Citation
[2015] ZAGPPHC 954
Parties
Plaintiff: N.S. obo S.; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 July 2015
Case Number
37019/2014
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Plaintiff's claim for future loss of earnings is upheld. Defendant ordered to pay damages and costs as specified.
Judges
Lephoko
Legal Topics
Road Accident Fund Act, Loss of Support, Future Loss of Earnings, Expert Evidence, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Loss of Support Future Loss of Earnings Expert Evidence Contingency Deductions

Case Brief

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Parties

N.S. obo S.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for future loss of earnings resulting from injuries sustained in a motor vehicle collision.
  2. 2 What is the appropriate contingency deduction to apply in quantifying future loss of earnings.
  3. 3 Whether the expert evidence presented by the plaintiff should be accepted in the absence of contrary evidence from the defendant.

Ratio Decidendi

The court found that the defendant had conceded liability for proven damages and, by failing to respond to the pre-trial minute, was deemed to have admitted the plaintiff's expert reports. The expert evidence established that S. suffered severe neurocognitive and physical disabilities resulting in permanent unemployability. The actuarial calculation, based on the industrial psychologist's opinion, was accepted. The court determined that a contingency deduction of 23%, calculated on a sliding scale of 0.5% per year of estimated working life, was fair and equitable. The court awarded damages for future loss of earnings in the amount of R2,189,110.00, together with general damages and costs...

Court Disposition

Plaintiff's claim for future loss of earnings is upheld. Defendant ordered to pay damages and costs as specified.

Orders

  • The defendant shall furnish the plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for 100% of future medical and related costs.
  • The defendant indemnifies the plaintiff against any claims by suppliers for past hospital and medical expenses.