Stander J v Road Accident Fund (12419/2016) [2017] ZAGPPHC 480 (7 August 2017)

Stander J v Road Accident Fund (12419/2016) [2017] ZAGPPHC 480 (7 August 2017)

The court found that the Plaintiff's injuries, as supported by expert evidence, have resulted in a significant reduction in his work capacity and future earning potential. The Plaintiff is now restricted to work of light physical demand, which severely limits his career progression. The court accepted the Plaintiff's actuary's calculation (scenario 2, no diploma) and applied a 15% contingency to pre-accident earnings and a 30% contingency to post-accident earnings, awarding the net loss of R1,273,806. The court also confirmed the settlement of general damages at R400,000 and the undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Citation
[2017] ZAGPPHC 480
Parties
Plaintiff: Jaco Stander; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 August 2017
Case Number
12419/2016
Procedural Posture
Civil Trial / Quantification of Damages After Merits Settled
Outcome
Plaintiff's claim for future loss of earnings is upheld; damages awarded as per the Plaintiff's actuary's calculation. General damages and future medical expenses settled as per agreement.
Judges
JJ Strijdom
Legal Topics
Road Accident Fund Act, Quantification of Damages, Loss of Earnings, Contingency Deductions
Delict Civil Procedure Road Accident Fund Act Quantification of Damages Loss of Earnings Contingency Deductions

Case Brief

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Parties

Jaco Stander

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Merits Settled

Legal Issues

  1. 1 What is the appropriate quantum for future loss of earnings suffered by the Plaintiff as a result of the accident.
  2. 2 What contingency deductions should be applied to pre- and post-accident earnings.
  3. 3 Whether the Plaintiff is entitled to general damages and future medical expenses.

Ratio Decidendi

The court found that the Plaintiff's injuries, as supported by expert evidence, have resulted in a significant reduction in his work capacity and future earning potential. The Plaintiff is now restricted to work of light physical demand, which severely limits his career progression. The court accepted the Plaintiff's actuary's calculation (scenario 2, no diploma) and applied a 15% contingency to pre-accident earnings and a 30% contingency to post-accident earnings, awarding the net loss of R1,273,806. The court also confirmed the settlement of general damages at R400,000 and the undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Court Disposition

Plaintiff's claim for future loss of earnings is upheld; damages awarded as per the Plaintiff's actuary's calculation. General damages and future medical expenses settled as per agreement.

Orders

  • Defendant is ordered to pay the Plaintiff R1,273,806 for future loss of earnings.
  • Defendant is ordered to pay the Plaintiff R400,000 for general damages.