S.E obo De Jager v RAF (85353/14) [2017] ZAGPPHC 1151 (6 June 2017)

S.E obo De Jager v RAF (85353/14) [2017] ZAGPPHC 1151 (6 June 2017)

The court accepted the expert evidence that the plaintiff, Anzelle de Jager, suffered significant injuries affecting her future earning capacity, educational prospects, and emotional well-being. The court found that, given her family background and pre-morbid academic performance, she would likely have attained an honours degree. Applying scenario 2, the court determined that a 15% contingency deduction was appropriate for the pre-morbid scenario and a 30% deduction for the post-morbid scenario, as argued by the defendant. The actuarial calculation yielded a net future loss of earnings of R2,856,170.70. The court also awarded general damages and ordered the defendant to provide a section...

Citation
[2017] ZAGPPHC 1151
Parties
Plaintiff: S.E. obo Anzelle de Jager; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 June 2017
Case Number
85353/14
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Judgment in favour of the plaintiff for future loss of earnings, general damages, and costs. Section 17(4)(a) undertaking for future medical expenses ordered.
Judges
Hughes
Legal Topics
Road Accident Fund, Loss of Earning Capacity, Contingency Deductions, Future Medical Expenses, General Damages
Delict Road Accident Fund Loss of Earning Capacity Contingency Deductions Future Medical Expenses General Damages

Case Brief

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Parties

S.E. obo Anzelle de Jager

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate quantum for future loss of earning capacity suffered by the plaintiff as a result of injuries sustained in the motor vehicle accident.
  2. 2 What contingency deductions should be applied to pre-morbid and post-morbid scenarios in calculating future loss of earnings.
  3. 3 Is the plaintiff entitled to general damages and future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court accepted the expert evidence that the plaintiff, Anzelle de Jager, suffered significant injuries affecting her future earning capacity, educational prospects, and emotional well-being. The court found that, given her family background and pre-morbid academic performance, she would likely have attained an honours degree. Applying scenario 2, the court determined that a 15% contingency deduction was appropriate for the pre-morbid scenario and a 30% deduction for the post-morbid scenario, as argued by the defendant. The actuarial calculation yielded a net future loss of earnings of R2,856,170.70. The court also awarded general damages and ordered the defendant to provide a section...

Court Disposition

Judgment in favour of the plaintiff for future loss of earnings, general damages, and costs. Section 17(4)(a) undertaking for future medical expenses ordered.

Orders

  • The defendant shall pay R3,558,844.08 to the plaintiff's attorneys in settlement of the claim.
  • The defendant must furnish the plaintiff with a section 17(4)(a) undertaking for 100% of future medical and related expenses resulting from the accident.