Stemment v Road Accident Fund (3589/06) [2010] ZAWCHC 630 (15 December 2010)

Stemment v Road Accident Fund (3589/06) [2010] ZAWCHC 630 (15 December 2010)

The court found that the plaintiff had proved, on a balance of probabilities, that she intended to specialise as a gynaecologist and would probably have done so but for her injuries. Although she remained physically capable of qualifying and practising as a gynaecologist, her neck injury would inhibit her ability to perform lengthy or complex surgical procedures, thereby reducing her earning capacity. The court accepted that this impairment constituted a patrimonial loss, and, applying a 10% reduction to her future earnings as a gynaecologist and a 15% contingency deduction, quantified the loss at R1,094,845. General damages were awarded at R150,000, and the defendant was ordered to...

Citation
[2010] ZAWCHC 630
Parties
Plaintiff: Barbara Wilhelmina Stemmet; Defendant: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 December 2010
Case Number
3589/06
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff succeeded in her claim for loss of earning capacity and general damages.
Judges
Koen
Legal Topics
Loss of Earning Capacity, General Damages, Quantification of Damages, Road Accident Fund Act, Medical Expert Evidence
Delict Loss of Earning Capacity General Damages Quantification of Damages Road Accident Fund Act Medical Expert Evidence

Case Brief

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Parties

Barbara Wilhelmina Stemmet

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff proved she would have specialised as a gynaecologist but for the accident.
  2. 2 Whether the plaintiff is physically incapable of qualifying and practising as a gynaecologist due to her injuries.
  3. 3 Whether the plaintiff suffered a patrimonial loss in the form of reduced earning capacity.

Ratio Decidendi

The court found that the plaintiff had proved, on a balance of probabilities, that she intended to specialise as a gynaecologist and would probably have done so but for her injuries. Although she remained physically capable of qualifying and practising as a gynaecologist, her neck injury would inhibit her ability to perform lengthy or complex surgical procedures, thereby reducing her earning capacity. The court accepted that this impairment constituted a patrimonial loss, and, applying a 10% reduction to her future earnings as a gynaecologist and a 15% contingency deduction, quantified the loss at R1,094,845. General damages were awarded at R150,000, and the defendant was ordered to...

Court Disposition

Plaintiff succeeded in her claim for loss of earning capacity and general damages.

Orders

  • The defendant shall furnish an undertaking in terms of section 17(4)(a) of Act 56 of 1996.
  • The defendant shall pay to the plaintiff the total sum of R1,244,845, being R1,094,845 for loss of earning capacity and R150,000 for general damages.