T.B v Road Accident Fund (603/2003) [2009] ZAECBHC 5 (21 May 2009)

Parties

Procedural Posture

Civil Trial / Quantum and Liability Determination

Legal Issues

1. 1 Whether the plaintiff sustained a traumatic brain injury in the motor vehicle collision on 12 May 1995.
2. 2 Whether the plaintiff's cognitive and scholastic abilities were adversely affected by the accident.
3. 3 What is the appropriate quantum for general damages given the nature and extent of the plaintiff's injuries.

Ratio Decidendi

The court found that the plaintiff was rendered unconscious in the collision and sustained a moderate traumatic brain injury, as evidenced by uncontested expert testimony and credible lay evidence. The plaintiff's cognitive and scholastic decline post-accident was established on a balance of probabilities. The defendant's challenges to the reliability of the plaintiff's mother's evidence and the lack of documentation were insufficient to displace the plaintiff's case. The quantum for general damages was determined with reference to comparable awards, adjusted for the severity of the plaintiff's injuries and the defendant's limited liability. The defendant was ordered to pay 60% of the...

Court Disposition

Plaintiff's claim for general damages succeeded; defendant ordered to pay 60% of proven damages and costs. Future loss of income to be determined at a later date.

Orders

• The defendant is ordered to pay the sum of R81,000.00 for general damages, including interest at the legal rate from fourteen days after the date of judgment to date of payment.
• The defendant must issue an undertaking in terms of Section 17(4)(a) of Act No. 56 of 1996 to pay 60% of the costs of the plaintiff's past and future medical expenses.