Spamer v Road Accident Fund (A665/2015) [2018] ZAGPPHC 608 (20 April 2018)

Spamer v Road Accident Fund (A665/2015) [2018] ZAGPPHC 608 (20 April 2018)

The court found that the respondent's express and deemed admissions in the pre-trial minute, as well as the admitted expert reports, established that the appellant's productivity and earning capacity were negatively affected by the injuries sustained in the motor vehicle collision. The trial court erred in requiring further evidence to prove admitted facts and in dismissing the claim for loss of earning capacity. The legal principles governing judicial admissions and the quantification of damages by contingency deductions were not properly applied by the trial court. The only issue for determination was the appropriate post-accident contingency deduction, and the evidence supported a 3%...

Citation
[2018] ZAGPPHC 608
Parties
Appellant: Jacob Johannes Spamer; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 April 2018
Case Number
A665/2015
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Claim for Loss of Earning Capacity
Outcome
Appeal upheld with costs, including costs of the application for leave to appeal, costs of two counsel, and costs of preparing heads of argument. The order of the trial court is set aside and replaced with an award for future loss of earning capacity.
Judges
Molopa-Sethosa, Prinsloo, Teffo
Legal Topics
Loss of Earning Capacity, Judicial Admissions, Contingency Deductions, Road Accident Fund Act, Expert Evidence, Quantification of Damages
Civil Procedure Delict Loss of Earning Capacity Judicial Admissions Contingency Deductions Road Accident Fund Act Expert Evidence Quantification of Damages

Case Brief

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Parties

Jacob Johannes Spamer

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Claim for Loss of Earning Capacity

Legal Issues

  1. 1 Whether the trial court erred in dismissing the appellant's claim for future loss of earning capacity despite express and deemed admissions by the respondent.
  2. 2 Whether the admitted expert evidence and pre-trial admissions were sufficient to establish the appellant's loss of earning capacity.
  3. 3 What is the appropriate post-accident contingency deduction to be applied in quantifying the appellant's damages.

Ratio Decidendi

The court found that the respondent's express and deemed admissions in the pre-trial minute, as well as the admitted expert reports, established that the appellant's productivity and earning capacity were negatively affected by the injuries sustained in the motor vehicle collision. The trial court erred in requiring further evidence to prove admitted facts and in dismissing the claim for loss of earning capacity. The legal principles governing judicial admissions and the quantification of damages by contingency deductions were not properly applied by the trial court. The only issue for determination was the appropriate post-accident contingency deduction, and the evidence supported a 3%...

Court Disposition

Appeal upheld with costs, including costs of the application for leave to appeal, costs of two counsel, and costs of preparing heads of argument. The order of the trial court is set aside and replaced with an award for future loss of earning capacity.

Orders

  • The appeal is upheld with costs, including costs of the application for leave to appeal, costs of two counsel, and costs of preparing heads of argument.
  • The order of Makhubele AJ is set aside and replaced with an order that the respondent is to pay the appellant R314,777.00 in respect of future loss of earning capacity.