Sello v Road Accident Fund (3434/2017) [2022] ZAFSHC 286 (21 September 2022)

Sello v Road Accident Fund (3434/2017) [2022] ZAFSHC 286 (21 September 2022)

The court found that the plaintiff failed to provide sufficient evidence to substantiate her claim for past and future loss of income. There was no corroboration of her alleged pre-accident earnings, nor proof that her injuries rendered her incapable of performing work in other environments. Expert reports relied upon by the plaintiff were not supported by collateral evidence and were internally inconsistent regarding her residual work capacity. The court held that high contingency deductions cannot cure the lack of evidential foundation. As the plaintiff did not discharge the onus of proof, her claim for loss of income was dismissed. The defendant was ordered to furnish the statutory...

Citation
[2022] ZAFSHC 286
Parties
Plaintiff: Tsekane Shandray Sello; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 September 2022
Case Number
3434/2017
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for past and future loss of income dismissed with costs. Defendant ordered to furnish statutory undertaking for future medical expenses.
Judges
N.S. Daniso
Legal Topics
Loss of Income, Quantification of Damages, Road Accident Fund Act, Burden of Proof
Delict Loss of Income Quantification of Damages Road Accident Fund Act Burden of Proof

Case Brief

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Parties

Tsekane Shandray Sello

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff proved her entitlement to damages for past and future loss of income resulting from injuries sustained in a motor vehicle accident.
  2. 2 Whether the plaintiff's alleged pre-accident earnings and post-accident incapacity were sufficiently substantiated by evidence.
  3. 3 Whether high contingency deductions can cure the lack of evidential foundation for the quantum of damages.

Ratio Decidendi

The court found that the plaintiff failed to provide sufficient evidence to substantiate her claim for past and future loss of income. There was no corroboration of her alleged pre-accident earnings, nor proof that her injuries rendered her incapable of performing work in other environments. Expert reports relied upon by the plaintiff were not supported by collateral evidence and were internally inconsistent regarding her residual work capacity. The court held that high contingency deductions cannot cure the lack of evidential foundation. As the plaintiff did not discharge the onus of proof, her claim for loss of income was dismissed. The defendant was ordered to furnish the statutory...

Court Disposition

Plaintiff's claim for past and future loss of income dismissed with costs. Defendant ordered to furnish statutory undertaking for future medical expenses.

Orders

  • The plaintiff’s claim for past and future loss of income is dismissed with costs.
  • The defendant shall furnish the plaintiff with an undertaking as envisaged in Section 17(4)(a) of the Road Accident Fund Act for 80% of the costs of future accommodation, treatment, or services arising from the injuries sustained in the motor vehicle collision of 14 December 2014, after such costs have been incurred...