Pohl NO obo van Niekerk v Road Accident Fund (2170/2011) [2013] ZAFSHC 126 (5 July 2013)

Pohl NO obo van Niekerk v Road Accident Fund (2170/2011) [2013] ZAFSHC 126 (5 July 2013)

The court found that the insured driver, Mr Shaun Davies, was solely negligent in executing a right-hand turn across the patient's path at an intersection, causing the collision. The patient had the right of way and there was no evidence of contributory negligence. The defendant failed to investigate the merits, present any witnesses, or meaningfully challenge the plaintiff's evidence. The plaintiff established the severity and permanency of the patient's brain injury, resulting in unemployability in the open labour market. The quantum of damages was determined based on expert and actuarial evidence, with appropriate contingency deductions. The claim for general damages was postponed...

Citation
[2013] ZAFSHC 126
Parties
Plaintiff: Adv L Pohl NO; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 July 2013
Case Number
2170/2011
Procedural Posture
Civil Trial / Judgment After Trial on Liability and Quantum (special Damages Only; General Damages Postponed)
Outcome
Plaintiff's claim for special damages (past and future loss of income and medical expenses) is upheld; general damages postponed; defendant liable for 100% of proven damages.
Judges
Daffue
Legal Topics
Road Accident Fund Act, Serious Injury Assessment, Loss of Earning Capacity, Quantum of Damages, Contributory Negligence
Delict Civil Procedure Road Accident Fund Act Serious Injury Assessment Loss of Earning Capacity Quantum of Damages Contributory Negligence

Case Brief

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Parties

Adv L Pohl NO

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Liability and Quantum (special Damages Only; General Damages Postponed)

Legal Issues

  1. 1 Whether the defendant is liable for damages arising from injuries sustained by the patient in the motor vehicle collision on 30 March 2010.
  2. 2 Whether the insured driver was negligent and solely responsible for the collision.
  3. 3 Whether any contributory negligence by the patient was established.

Ratio Decidendi

The court found that the insured driver, Mr Shaun Davies, was solely negligent in executing a right-hand turn across the patient's path at an intersection, causing the collision. The patient had the right of way and there was no evidence of contributory negligence. The defendant failed to investigate the merits, present any witnesses, or meaningfully challenge the plaintiff's evidence. The plaintiff established the severity and permanency of the patient's brain injury, resulting in unemployability in the open labour market. The quantum of damages was determined based on expert and actuarial evidence, with appropriate contingency deductions. The claim for general damages was postponed...

Court Disposition

Plaintiff's claim for special damages (past and future loss of income and medical expenses) is upheld; general damages postponed; defendant liable for 100% of proven damages.

Orders

  • Defendant is liable to compensate the patient for 100% of damages arising from injuries sustained in the motor vehicle collision on 30 March 2010.
  • Plaintiff is awarded R375,055.69 for past hospital, medical and related expenses.