Shezi v Road Accident Fund [2023] ZAGPPHC 432; 22540/2017 (25 May 2023)

Shezi v Road Accident Fund [2023] ZAGPPHC 432; 22540/2017 (25 May 2023)

The court found that the plaintiff sustained significant injuries resulting in permanent impairment, notably right eye blindness and neurocognitive deficits, which have materially diminished her earning capacity and prospects for promotion. Despite continued employment, she is now reliant on sympathetic accommodation and faces a real risk of future unemployment. The court accepted the actuarial calculations for past loss of earnings and, after considering the plaintiff's age, injury severity, and diminished career prospects, applied contingency deductions of 20% for uninjured future earnings and 10% for injured future earnings. The net total loss was calculated at R2,010,716.65. The court...

Citation
[2023] ZAGPPHC 432
Parties
Plaintiff: Lynette Zanele Shezi; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 May 2023
Case Number
22540/2017
Procedural Posture
Civil Trial / Determination of Quantum for Loss of Earnings
Outcome
Plaintiff's claim for loss of earnings is granted.
Judges
Khwinana
Legal Topics
Road Accident Fund Act, Loss of Earnings, Contingency Deductions, Personal Injury, Patrimonial Loss
Delict Road Accident Fund Act Loss of Earnings Contingency Deductions Personal Injury Patrimonial Loss

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lynette Zanele Shezi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Determination of Quantum for Loss of Earnings

Legal Issues

  1. 1 Whether the plaintiff suffered a loss of earning capacity as a result of the motor vehicle accident.
  2. 2 How to quantify the plaintiff's past and future loss of earnings.
  3. 3 What contingency deductions are appropriate given the plaintiff's circumstances.

Ratio Decidendi

The court found that the plaintiff sustained significant injuries resulting in permanent impairment, notably right eye blindness and neurocognitive deficits, which have materially diminished her earning capacity and prospects for promotion. Despite continued employment, she is now reliant on sympathetic accommodation and faces a real risk of future unemployment. The court accepted the actuarial calculations for past loss of earnings and, after considering the plaintiff's age, injury severity, and diminished career prospects, applied contingency deductions of 20% for uninjured future earnings and 10% for injured future earnings. The net total loss was calculated at R2,010,716.65. The court...

Court Disposition

Plaintiff's claim for loss of earnings is granted.

Orders

  • The defendant is ordered to pay the plaintiff R2,010,716.65 for loss of earnings.
  • The defendant is ordered to pay costs on a party and party scale.