Theunissen v Goldfields Resort (Pty) Ltd and Another (3520/2017) [2023] ZAFSHC 221 (1 June 2023)

Theunissen v Goldfields Resort (Pty) Ltd and Another (3520/2017) [2023] ZAFSHC 221 (1 June 2023)

The court found that the expert evidence regarding the plaintiff's injuries and residual working capacity was uncontested and established that she is only suitable for sedentary work. The actuarial calculations based on contingency deductions of 5%, 15%, and 35% were accepted as fair and reasonable, as the defendants failed to provide substantive evidence to justify deviation. The court held that the plaintiff suffered a loss of earning capacity and is entitled to damages calculated on the admitted expert evidence and actuarial reports. The future medical expenses as calculated were also accepted as reasonable and undisputed. Accordingly, the court awarded the plaintiff R1,527,306 for...

Citation
[2023] ZAFSHC 221
Parties
Plaintiff: Beatrix Gerda Theunissen; Defendant: Goldfields Resort (Pty) Ltd; Defendant: Virginia Park Hotel (Pty) Ltd t/a Tikwe Lodge
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 June 2023
Case Number
3520/2017
Procedural Posture
Civil Trial / Quantum Determination After Partial Settlement
Outcome
Plaintiff's claim for loss of earnings and future medical expenses is granted in the amounts calculated by the actuaries and accepted by the court.
Judges
M E Mahlangu
Legal Topics
Personal Injury, Loss of Earning Capacity, Future Medical Expenses, Contingency Deduction, Assessment of Damages
Delict Personal Injury Loss of Earning Capacity Future Medical Expenses Contingency Deduction Assessment of Damages

Case Brief

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Parties

Beatrix Gerda Theunissen

Plaintiff

Goldfields Resort (Pty) Ltd

Defendant

Virginia Park Hotel (Pty) Ltd t/a Tikwe Lodge

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 What is the appropriate quantum for the plaintiff's loss of earnings resulting from the injuries sustained at Tikwe Lodge.
  2. 2 What is the reasonable amount for future medical expenses arising from the plaintiff's injuries.
  3. 3 What contingency deductions should be applied to the calculation of damages.

Ratio Decidendi

The court found that the expert evidence regarding the plaintiff's injuries and residual working capacity was uncontested and established that she is only suitable for sedentary work. The actuarial calculations based on contingency deductions of 5%, 15%, and 35% were accepted as fair and reasonable, as the defendants failed to provide substantive evidence to justify deviation. The court held that the plaintiff suffered a loss of earning capacity and is entitled to damages calculated on the admitted expert evidence and actuarial reports. The future medical expenses as calculated were also accepted as reasonable and undisputed. Accordingly, the court awarded the plaintiff R1,527,306 for...

Court Disposition

Plaintiff's claim for loss of earnings and future medical expenses is granted in the amounts calculated by the actuaries and accepted by the court.

Orders

  • The defendants are ordered to pay the plaintiff R1,527,306 for loss of earnings after apportionment.
  • The defendants are ordered to pay the plaintiff R930,244 for future medical expenses after apportionment.