Phalane v Road Accident Fund (48112/2014) [2017] ZAGPPHC 759 (7 November 2017)

Phalane v Road Accident Fund (48112/2014) [2017] ZAGPPHC 759 (7 November 2017)

The court found the plaintiff's evidence and that of her industrial psychologist credible and unchallenged. The plaintiff's injuries, including physical and psychological sequelae, rendered her functionally unemployable. She lacked qualifications and experience for sedentary work, and her psychological state further diminished her employability. The actuarial calculation for past and future loss of earnings was accepted, with a 5% contingency for past loss and a 15% contingency for future loss deemed fair and reasonable given her age and circumstances. The total award for loss of earnings was calculated at R889,061.00. The defendant was ordered to furnish an undertaking for future medical...

Citation
[2017] ZAGPPHC 759
Parties
Plaintiff: Catherine Phalane; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 November 2017
Case Number
48112/2014
Procedural Posture
Civil Trial / Quantum Determination After Separation of Liability and Quantum
Outcome
Plaintiff awarded R889,061.00 for past and future loss of earnings; defendant ordered to furnish section 17(4)(a) undertaking; costs awarded to plaintiff; general damages claim postponed sine die.
Judges
D S Fourie
Legal Topics
Road Accident Fund Act, Loss of Earnings, Contingency Deductions, Personal Injury, Quantum of Damages
Delict Road Accident Fund Act Loss of Earnings Contingency Deductions Personal Injury Quantum of Damages

Case Brief

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Parties

Catherine Phalane

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Separation of Liability and Quantum

Legal Issues

  1. 1 Is the plaintiff employable in the open labour market after the accident?
  2. 2 If employable, what positions could the plaintiff obtain and are they sustainable?
  3. 3 What is the appropriate contingency deduction for future loss of earnings?

Ratio Decidendi

The court found the plaintiff's evidence and that of her industrial psychologist credible and unchallenged. The plaintiff's injuries, including physical and psychological sequelae, rendered her functionally unemployable. She lacked qualifications and experience for sedentary work, and her psychological state further diminished her employability. The actuarial calculation for past and future loss of earnings was accepted, with a 5% contingency for past loss and a 15% contingency for future loss deemed fair and reasonable given her age and circumstances. The total award for loss of earnings was calculated at R889,061.00. The defendant was ordered to furnish an undertaking for future medical...

Court Disposition

Plaintiff awarded R889,061.00 for past and future loss of earnings; defendant ordered to furnish section 17(4)(a) undertaking; costs awarded to plaintiff; general damages claim postponed sine die.

Orders

  • The defendant is ordered to pay R889,061.00 to the plaintiff's attorneys within 14 days.
  • The defendant must furnish an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act to compensate the plaintiff for 100% of future medical expenses related to the accident.