O'Brian v Road Accident Fund (2008/36388) [2010] ZAGPJHC 66 (2 September 2010)

Parties

Procedural Posture

Civil Trial / Judgment Delivered After Trial

Legal Issues

1. 1 Whether the insured driver was solely liable for the collision resulting in the plaintiff's injuries.
2. 2 Whether the plaintiff was contributorily negligent in the accident.
3. 3 How to assess and quantify the plaintiff's future loss of earning capacity.

Ratio Decidendi

The court found that the insured driver was solely liable for the collision, as his evidence was unreliable and Van Rensberg's account was accepted as truthful and cogent. There was no contributory negligence attributable to the plaintiff. In assessing future loss of earning capacity, the court rejected speculative assumptions about the plaintiff's career progression into multi-national companies and consultant work, finding no objective evidence to support such projections. The court accepted the actuarial approach based on the plaintiff remaining at Villa Crop, reaching her career ceiling at age 55, and applied a 30% contingency deduction to account for uncertainties and vicissitudes....

Court Disposition

Plaintiff's claim for damages is upheld; defendant ordered to pay agreed damages and medical expenses, with deductions for amounts already paid, and to provide an undertaking for future medical expenses. Future loss of earning capacity to be calculated subject to contingency deductions.

Orders

• The defendant is ordered to pay the plaintiff R800,000.00 in general damages, less R400,000.00 already paid.
• The defendant is ordered to pay the plaintiff R606,960.52 in medical and hospital expenses, less R300,000.00 already paid.