Schoeman v RAF (69242/2015) [2017] ZAGPPHC 1203 (12 October 2017)

Schoeman v RAF (69242/2015) [2017] ZAGPPHC 1203 (12 October 2017)

The court found that the plaintiff suffered serious spinal injuries requiring invasive surgery, resulting in permanent impairment and significant loss of enjoyment and quality of life. While the plaintiff's injuries were distinguished by the seriousness of the spinal surgery, the consequences were less severe than in the highest referenced precedent. Considering the expert evidence and comparative awards, the court determined that R480,000.00 was a fair and reasonable amount for general damages. The defendant was also ordered to furnish a statutory undertaking for future medical expenses and pay costs as set out in the draft order.

Citation
[2017] ZAGPPHC 1203
Parties
Plaintiff: MM Schoeman; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 October 2017
Case Number
69242/2015
Procedural Posture
Civil Trial / Quantum of General Damages
Outcome
General damages awarded to the plaintiff in the amount of R480,000.00; statutory undertaking for future medical expenses ordered; costs awarded to the plaintiff.
Judges
Brand
Legal Topics
Road Accident Fund Act, General Damages, Personal Injury, Quantum of Damages
Delict Road Accident Fund Act General Damages Personal Injury Quantum of Damages

Case Brief

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Parties

MM Schoeman

Plaintiff

Road Accident Fund

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 accident.
  2. 2 What is the extent and severity of the plaintiff's pain, suffering, disability, and loss of amenities of life.
  3. 3 Should the defendant furnish a statutory undertaking for future medical expenses.

Ratio Decidendi

The court found that the plaintiff suffered serious spinal injuries requiring invasive surgery, resulting in permanent impairment and significant loss of enjoyment and quality of life. While the plaintiff's injuries were distinguished by the seriousness of the spinal surgery, the consequences were less severe than in the highest referenced precedent. Considering the expert evidence and comparative awards, the court determined that R480,000.00 was a fair and reasonable amount for general damages. The defendant was also ordered to furnish a statutory undertaking for future medical expenses and pay costs as set out in the draft order.

Court Disposition

General damages awarded to the plaintiff in the amount of R480,000.00; statutory undertaking for future medical expenses ordered; costs awarded to the plaintiff.

Orders

  • Merits are conceded 100% in favour of the plaintiff.
  • The defendant shall pay the plaintiff R480,000.00 as general damages.