Scheepers v Road Accident Fund (893/2021) [2023] ZAFSHC 248 (20 June 2023)

Scheepers v Road Accident Fund (893/2021) [2023] ZAFSHC 248 (20 June 2023)

The court found that although the plaintiff suffered serious injuries and will likely retire earlier than the normal retirement age, there was no evidence that his post-retirement financial position would be negatively impacted by the accident. The plaintiff continued to earn his pre-accident salary and benefits, and his majority shareholding in the company was not shown to be affected. The court was not satisfied that the injuries caused a loss of earning capacity or would result in future loss of earnings to the extent claimed. The contingency deduction for future earnings was set at 20%, rather than the 35% proposed by the plaintiff. The claim for past medical expenses was postponed...

Citation
[2023] ZAFSHC 248
Parties
Plaintiff: Joe Scheepers; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 June 2023
Case Number
893/2021
Procedural Posture
Civil Trial / Quantum Determination After Merits and Liability Settled
Outcome
Plaintiff awarded damages for past and future loss of earnings/earning capacity and general damages; claim for past medical expenses postponed pending SCA decision.
Judges
Naidoo
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deduction, General Damages, Medical Expenses
Civil Procedure Delict Road Accident Fund Act Loss of Earning Capacity Contingency Deduction General Damages Medical Expenses

Case Brief

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Parties

Joe Scheepers

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits and Liability Settled

Legal Issues

  1. 1 Whether the plaintiff has proven a loss of earning capacity or future loss of earnings as a result of the accident.
  2. 2 Whether past medical expenses paid by a medical aid are recoverable from the Road Accident Fund.
  3. 3 What is the appropriate contingency deduction to apply to future loss of earnings.

Ratio Decidendi

The court found that although the plaintiff suffered serious injuries and will likely retire earlier than the normal retirement age, there was no evidence that his post-retirement financial position would be negatively impacted by the accident. The plaintiff continued to earn his pre-accident salary and benefits, and his majority shareholding in the company was not shown to be affected. The court was not satisfied that the injuries caused a loss of earning capacity or would result in future loss of earnings to the extent claimed. The contingency deduction for future earnings was set at 20%, rather than the 35% proposed by the plaintiff. The claim for past medical expenses was postponed...

Court Disposition

Plaintiff awarded damages for past and future loss of earnings/earning capacity and general damages; claim for past medical expenses postponed pending SCA decision.

Orders

  • The defendant shall pay 100% of the plaintiff's agreed or proven damages.
  • The defendant shall pay to the plaintiff the sum of R2,688,037.40 within 180 days from the date of this order for past and future loss of earnings/earning capacity and general damages.