Spammer v Road Accident Fund (47122/2012) [2015] ZAGPPHC 263 (13 March 2015)

Spammer v Road Accident Fund (47122/2012) [2015] ZAGPPHC 263 (13 March 2015)

The court found that the plaintiff failed to prove that the delays in registering as a professional Quantity Surveyor were caused by the sequelae of the accident. There was no convincing evidence that the physical and psychological injuries had a real effect on his work capacity or productivity. The expert reports indicated that the orthopaedic and psychological difficulties would improve with conservative treatment, and the plaintiff's failure to follow medical advice suggested that these difficulties were either overstated or not impactful. There was no evidence from the employer of negative assessments or diminished earnings. The 4-5% loss of work capacity conceded by the orthopaedic...

Citation
[2015] ZAGPPHC 263
Parties
Plaintiff: Jacob Johannes Spammer; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 March 2015
Case Number
47122/2012
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for loss of earning capacity is dismissed.
Judges
Makhubele
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, Contingency Deductions, Expert Evidence, Future Medical Expenses
Delict Road Accident Fund Act Loss of Earning Capacity Contingency Deductions Expert Evidence Future Medical Expenses

Case Brief

Summary, issues, holding and outcome

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Parties

Jacob Johannes Spammer

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 Whether the plaintiff suffered a loss of earning capacity as a result of the motor vehicle accident.
  2. 2 Whether delays in registering as a professional Quantity Surveyor were caused by the accident.
  3. 3 Whether physical and psychological injuries have an appreciable effect on the plaintiff's work capacity and patrimony.

Ratio Decidendi

The court found that the plaintiff failed to prove that the delays in registering as a professional Quantity Surveyor were caused by the sequelae of the accident. There was no convincing evidence that the physical and psychological injuries had a real effect on his work capacity or productivity. The expert reports indicated that the orthopaedic and psychological difficulties would improve with conservative treatment, and the plaintiff's failure to follow medical advice suggested that these difficulties were either overstated or not impactful. There was no evidence from the employer of negative assessments or diminished earnings. The 4-5% loss of work capacity conceded by the orthopaedic...

Court Disposition

Plaintiff's claim for loss of earning capacity is dismissed.

Orders

  • The draft order handed in at the conclusion of oral submissions is amended by deleting paragraph 1 and renumbering the remaining paragraphs in chronological sequence.
  • The order is granted in terms of the amended draft marked 'XY'.