Ramolobeng v Lowveld Bus Services (Pty) Ltd and Another (29836/09) [2015] ZAGPPHC 31 (3 February 2015)

Ramolobeng v Lowveld Bus Services (Pty) Ltd and Another (29836/09) [2015] ZAGPPHC 31 (3 February 2015)

The court found that the plaintiff suffered severe and lasting injuries, including chronic pain, loss of spinal function, severe erectile dysfunction, depression, and total unemployability. The plaintiff's loss of amenities of life was profound, affecting his ability to work, form relationships, and perform daily activities. While the defendant undertook to provide aids and future medical expenses, the court was not satisfied that these would sufficiently ameliorate the plaintiff's suffering and loss. After considering comparable cases and the unique facts of this matter, the court determined that an award of R550,000.00 for general damages was fair and reasonable.

Citation
[2015] ZAGPPHC 31
Parties
Plaintiff: Matsobane Hendrik Ramolobeng; Defendant: Lowveld Bus Services (Pty) Ltd; Defendant: TA Mabotja
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 February 2015
Case Number
29836/09
Procedural Posture
Civil Trial / Quantum of General Damages
Outcome
The court awarded the plaintiff general damages in the amount of R550,000.00, with interest and costs.
Judges
Hassim
Legal Topics
General Damages, Pain and Suffering, Loss of Amenities of Life, Erectile Dysfunction, Unemployability
Delict General Damages Pain and Suffering Loss of Amenities of Life Erectile Dysfunction Unemployability

Case Brief

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Parties

Matsobane Hendrik Ramolobeng

Plaintiff

Lowveld Bus Services (Pty) Ltd

Defendant

TA Mabotja

Defendant

Procedural Posture

Civil Trial / Quantum of General Damages

Legal Issues

  1. 1 What is the appropriate quantum of general damages for the plaintiff's injuries sustained in the motor vehicle collision.
  2. 2 Should the provision of aids and future medical expenses by the defendant affect the quantum of general damages.

Ratio Decidendi

The court found that the plaintiff suffered severe and lasting injuries, including chronic pain, loss of spinal function, severe erectile dysfunction, depression, and total unemployability. The plaintiff's loss of amenities of life was profound, affecting his ability to work, form relationships, and perform daily activities. While the defendant undertook to provide aids and future medical expenses, the court was not satisfied that these would sufficiently ameliorate the plaintiff's suffering and loss. After considering comparable cases and the unique facts of this matter, the court determined that an award of R550,000.00 for general damages was fair and reasonable.

Court Disposition

The court awarded the plaintiff general damages in the amount of R550,000.00, with interest and costs.

Orders

  • The defendants, jointly and severally, must pay the plaintiff R550,000.00 as general damages.
  • Interest on the aforementioned sum at the rate of 8% per annum a tempore mora.