Raupert v Road Accident Fund (2153/2008) [2011] ZAECPEHC 5 (1 February 2011)

Raupert v Road Accident Fund (2153/2008) [2011] ZAECPEHC 5 (1 February 2011)

The court found that the plaintiff suffered a severe head injury resulting in significant cognitive and emotional deficits, which permanently impaired her earning capacity and quality of life. The court accepted Martiny's approach to calculating pre-morbid earnings, as it better reflected the plaintiff's broad capabilities and potential career paths. Contingency deductions of 5% for past and 20% for future earnings were applied due to uncertainties in projecting a photographic career. The court determined the plaintiff's total damages at R7,193,132.51, comprising past medical expenses, loss of income, and general damages. The court held that employing two clinical psychologists was...

Citation
[2011] ZAECPEHC 5
Parties
Plaintiff: Monia Raupert; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
1 February 2011
Case Number
2153/2008
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
Plaintiff's claim for damages is upheld; defendant ordered to pay.
Judges
Nepgen
Legal Topics
Road Accident Fund, Personal Injury, Quantification of Damages, Loss of Earning Capacity, General Damages
Delict Civil Procedure Road Accident Fund Personal Injury Quantification of Damages Loss of Earning Capacity General Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Monia Raupert

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 What is the appropriate quantum for general damages arising from the plaintiff's head injury sustained in a motor vehicle accident.
  2. 2 How should the plaintiff's past and future loss of income be calculated given her pre-morbid and post-morbid earning capacity.
  3. 3 Is the plaintiff entitled to the qualifying expenses of both clinical psychologists employed in the matter.

Ratio Decidendi

The court found that the plaintiff suffered a severe head injury resulting in significant cognitive and emotional deficits, which permanently impaired her earning capacity and quality of life. The court accepted Martiny's approach to calculating pre-morbid earnings, as it better reflected the plaintiff's broad capabilities and potential career paths. Contingency deductions of 5% for past and 20% for future earnings were applied due to uncertainties in projecting a photographic career. The court determined the plaintiff's total damages at R7,193,132.51, comprising past medical expenses, loss of income, and general damages. The court held that employing two clinical psychologists was...

Court Disposition

Plaintiff's claim for damages is upheld; defendant ordered to pay.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R7,193,132.51.
  • The defendant is ordered to pay interest on the aforesaid amount at 15.5% per annum from 14 days after judgment to date of payment.