T.A.G and Another v Premier of the North West Province (HC CIV APPEAL 3/2013) [2014] ZANWHC 62 (13 November 2014)

T.A.G and Another v Premier of the North West Province (HC CIV APPEAL 3/2013) [2014] ZANWHC 62 (13 November 2014)

The appeal and cross-appeal both failed. The Full Bench found that the trial court correctly exercised its discretion in all respects. The assessment of the minor child's life expectancy was based on expert evidence, and the appellants failed to discharge the onus of proving the ability to voluntarily and consistently lift her head in prone position, which would have justified a higher life expectancy. The refusal to award damages for home alterations, additional caregivers, and management of epilepsy was supported by the lack of reasonable necessity and evidentiary shortcomings. The appointment of a social worker as case manager was reasonable and in line with expert recommendations. The...

Citation
[2014] ZANWHC 62
Parties
Appellant: T.A.G; Appellant: M.J.G; Respondent: Premier of the North West Province
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
13 November 2014
Case Number
HC CIV APPEAL 3/2013
Procedural Posture
Civil Appeal / Full Bench Appeal From High Court Judgment
Outcome
Appeal and cross-appeal dismissed. No order as to costs.
Judges
Hendricks, Kgoele, Gutta
Legal Topics
Medical Negligence, Quantification of Damages, Life Expectancy Assessment, Caregiver Awards, Costs Orders, Trust Protection of Award
Delict Civil Procedure Family and Children Medical Negligence Quantification of Damages Life Expectancy Assessment Caregiver Awards Costs Orders +1 more

Case Brief

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Parties

T.A.G

Appellant

M.J.G

Appellant

Premier of the North West Province

Respondent

Procedural Posture

Civil Appeal / Full Bench Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the trial court erred in its assessment of the minor child's life expectancy for purposes of quantifying damages.
  2. 2 Whether the trial court correctly refused monetary awards for home alterations, management of epilepsy, and appointment of additional caregivers.
  3. 3 Whether the trial court erred in appointing a social worker as case manager instead of awarding monetary compensation.

Ratio Decidendi

The appeal and cross-appeal both failed. The Full Bench found that the trial court correctly exercised its discretion in all respects. The assessment of the minor child's life expectancy was based on expert evidence, and the appellants failed to discharge the onus of proving the ability to voluntarily and consistently lift her head in prone position, which would have justified a higher life expectancy. The refusal to award damages for home alterations, additional caregivers, and management of epilepsy was supported by the lack of reasonable necessity and evidentiary shortcomings. The appointment of a social worker as case manager was reasonable and in line with expert recommendations. The...

Court Disposition

Appeal and cross-appeal dismissed. No order as to costs.

Orders

  • The appeal and the cross-appeal are dismissed.
  • There will be no order as to costs.