Stanton v Road Accident Fund (2618/2016) [2019] ZANCHC 56 (8 November 2019)

Stanton v Road Accident Fund (2618/2016) [2019] ZANCHC 56 (8 November 2019)

The court found that Strauss suffered severe and permanent injuries, including traumatic brain injury, which resulted in significant cognitive and emotional deficits, loss of independence, and permanent unemployability. The court considered comparable awards in similar cases but exercised its discretion to determine a fair and adequate quantum of general damages, taking into account the unique circumstances and lasting impact on Strauss's life. The court held that previous awards in similar cases were either too conservative or not fully comparable, and determined that R950 000 was appropriate compensation for general damages. The court also confirmed the agreed apportionment of liability...

Citation
[2019] ZANCHC 56
Parties
Plaintiff: Almѐ Stanton N.O; Respondent: Road Accident Fund
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
8 November 2019
Case Number
2618/2016
Procedural Posture
Civil Trial / Quantification of Damages After Liability Conceded
Outcome
Plaintiff's claim for general damages and loss of income is upheld; orders granted as set out.
Judges
Phatshoane
Legal Topics
Road Accident Fund Act, General Damages, Loss of Earning Capacity, Apportionment of Liability
Delict Road Accident Fund Act General Damages Loss of Earning Capacity Apportionment of Liability

Case Brief

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Parties

Almѐ Stanton N.O

Plaintiff

Road Accident Fund

Respondent

Procedural Posture

Civil Trial / Quantification of Damages After Liability Conceded

Legal Issues

  1. 1 What is the appropriate quantum of general damages for pain, suffering, loss of amenities of life, disfigurement and incapacity sustained by Mr Strauss as a result of the accident.
  2. 2 What is the correct apportionment of liability and damages between the parties.
  3. 3 Is the plaintiff entitled to an undertaking for future medical expenses under section 17(4)(a) of the Road Accident Fund Act.

Ratio Decidendi

The court found that Strauss suffered severe and permanent injuries, including traumatic brain injury, which resulted in significant cognitive and emotional deficits, loss of independence, and permanent unemployability. The court considered comparable awards in similar cases but exercised its discretion to determine a fair and adequate quantum of general damages, taking into account the unique circumstances and lasting impact on Strauss's life. The court held that previous awards in similar cases were either too conservative or not fully comparable, and determined that R950 000 was appropriate compensation for general damages. The court also confirmed the agreed apportionment of liability...

Court Disposition

Plaintiff's claim for general damages and loss of income is upheld; orders granted as set out.

Orders

  • The defendant is to pay the plaintiff, Adv Almѐ Stanton NO, in her capacity as curator ad litem for Mr Jacobus Strauss, general damages in the amount of R950 000.00.
  • The defendant is to pay the plaintiff past and future loss of income in the amount of R338 078.24.