Ramashala v Road Accident Fund (1535/2017) [2019] ZALMPPHC 39 (5 August 2019)

Ramashala v Road Accident Fund (1535/2017) [2019] ZALMPPHC 39 (5 August 2019)

The court found that the plaintiff suffered significant impairment (30-33% whole person impairment) as a result of the accident, which, although not affecting his cognitive function, severely limits his ability to secure employment. The industrial psychologists' opinion that the plaintiff is unemployable was accepted, as it was supported by other expert reports and not contradicted by the defendant. The court rejected the defendant's argument that only orthopaedic evidence was relevant and that oral evidence was required, holding that the parties had agreed to proceed on expert reports alone. In determining the quantum, the court considered actuarial calculations for two scenarios...

Citation
[2019] ZALMPPHC 39
Parties
Plaintiff: Katlego Paul Ramashala; Defendant: Road Accident Fund
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
5 August 2019
Case Number
1535/2017
Procedural Posture
Civil Trial / Quantification of Damages
Outcome
Plaintiff's claim for future loss of earnings is upheld. Defendant ordered to pay damages and costs.
Judges
Semenya
Legal Topics
Loss of Earnings, Patrimonial Loss, Contingency Deduction, Expert Evidence, Personal Injury
Delict Loss of Earnings Patrimonial Loss Contingency Deduction Expert Evidence Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Katlego Paul Ramashala

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages

Legal Issues

  1. 1 Whether the plaintiff has suffered a loss of earning capacity as a result of the motor vehicle accident.
  2. 2 What is the appropriate quantum of damages for future loss of earnings.
  3. 3 What contingency deduction should be applied to the calculation of future loss of earnings.

Ratio Decidendi

The court found that the plaintiff suffered significant impairment (30-33% whole person impairment) as a result of the accident, which, although not affecting his cognitive function, severely limits his ability to secure employment. The industrial psychologists' opinion that the plaintiff is unemployable was accepted, as it was supported by other expert reports and not contradicted by the defendant. The court rejected the defendant's argument that only orthopaedic evidence was relevant and that oral evidence was required, holding that the parties had agreed to proceed on expert reports alone. In determining the quantum, the court considered actuarial calculations for two scenarios...

Court Disposition

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

Orders

  • The defendant shall pay the plaintiff the sum of R5 849 298 in full and final settlement of the plaintiff's claim, payable into the specified trust account.
  • No interest is payable on the above amount if paid within fourteen (14) days; thereafter, interest at 10% per annum will accrue from the date of the order.