Smith v Road Accident Fund (33463/2008) [2013] ZAGPJHC 302 (13 February 2013)

Smith v Road Accident Fund (33463/2008) [2013] ZAGPJHC 302 (13 February 2013)

The court found, based on the expert evidence, that the plaintiff suffered a complete loss of earning capacity from June 2012 as a result of the 2007 collision. The medical and psychological sequelae, including chronic pain syndrome and major clinical depression, rendered her unemployable. The court accepted the apportionment of liability for future medical expenses as 65% for the cervical spine and 80% for the lumbar spine, reflecting the relative contributions of the 2004 and 2007 collisions. The plaintiff's unemployment between February and November 2011 was not proved to be causally related to the 2007 collision. The court awarded general damages, past medical expenses, loss of past...

Citation
[2013] ZAGPJHC 302
Parties
Plaintiff: Bridgett Merle Smith; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 February 2013
Case Number
33463/2008
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for general damages, past medical expenses, loss of past earnings (for June 2012 to trial), and loss of future earnings is upheld. Defendant is ordered to pay the total sum, provide statutory undertaking for future medical expenses with apportioned liability, and pay costs.
Judges
Meyer
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Apportionment of Liability, General Damages, Future Medical Expenses
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity Apportionment of Liability General Damages Future Medical Expenses

Case Brief

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Parties

Bridgett Merle Smith

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff suffered a complete loss of earning capacity as a result of the 2007 collision.
  2. 2 What apportionment of liability applies to the defendant for future medical expenses under s 17(4)(a) of the Road Accident Fund Act 56 of 1996.
  3. 3 Whether the plaintiff's unemployment between February 2011 and November 2011 was causally related to the 2007 collision.

Ratio Decidendi

The court found, based on the expert evidence, that the plaintiff suffered a complete loss of earning capacity from June 2012 as a result of the 2007 collision. The medical and psychological sequelae, including chronic pain syndrome and major clinical depression, rendered her unemployable. The court accepted the apportionment of liability for future medical expenses as 65% for the cervical spine and 80% for the lumbar spine, reflecting the relative contributions of the 2004 and 2007 collisions. The plaintiff's unemployment between February and November 2011 was not proved to be causally related to the 2007 collision. The court awarded general damages, past medical expenses, loss of past...

Court Disposition

Plaintiff's claim for general damages, past medical expenses, loss of past earnings (for June 2012 to trial), and loss of future earnings is upheld. Defendant is ordered to pay the total sum, provide statutory undertaking for future medical expenses with apportioned liability, and pay costs.

Orders

  • The defendant shall pay to the plaintiff the sum of R2,032,889.88 within 14 days of this order.
  • Payment shall be made into the account of Levin van Zyl Attorneys at Nedbank Branch 146905 with account number as specified.