M.L.M obo K.I.M v MEC for Education, North West Provincial Government (1264/2006) [2013] ZANWHC 91 (30 April 2013)

M.L.M obo K.I.M v MEC for Education, North West Provincial Government (1264/2006) [2013] ZANWHC 91 (30 April 2013)

The court found that the minor child suffered a depressed skull fracture, severe pain, and moderate ongoing discomfort, but the injury did not result in disfigurement or educational impairment. The court was not satisfied that the ongoing symptoms, except for jerkiness, were proven to be caused by the injury due to lack of medical evidence. Using Van Oudtshoorn as a yardstick, but adjusting for the lesser severity and current monetary value, the court awarded R120,000 for general damages. Future medical expenses were awarded at R13,200, based on the neurosurgeon’s report and reasonable estimation. Costs were awarded on the High Court scale, including the costs of the expert medico-legal...

Citation
[2013] ZANWHC 91
Parties
Plaintiff: M[…] L[…] M[…] o.b.o, K[…] I[…] M[…]; Defendant: THE MEC FOR EDUCATION, NORTH WEST PROVINCIAL GOVERNMENT
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 April 2013
Case Number
1264/2006
Procedural Posture
Civil Trial / Quantum Determination After Liability Established
Outcome
Plaintiff awarded general damages and future medical expenses; costs awarded on High Court scale.
Judges
A A Landman
Legal Topics
Personal Injury, Quantum of Damages, Future Medical Expenses, General Damages
Delict Civil Procedure Personal Injury Quantum of Damages Future Medical Expenses General Damages

Case Brief

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Parties

M[…] L[…] M[…] o.b.o, K[…] I[…] M[…]

Plaintiff

THE MEC FOR EDUCATION, NORTH WEST PROVINCIAL GOVERNMENT

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Established

Legal Issues

  1. 1 What is the appropriate quantum of general damages for the minor child’s injuries sustained from the falling goal post.
  2. 2 What is the reasonable amount for future medical expenses related to the injury.
  3. 3 Are the minor child’s ongoing symptoms causally linked to the injury and compensable.

Ratio Decidendi

The court found that the minor child suffered a depressed skull fracture, severe pain, and moderate ongoing discomfort, but the injury did not result in disfigurement or educational impairment. The court was not satisfied that the ongoing symptoms, except for jerkiness, were proven to be caused by the injury due to lack of medical evidence. Using Van Oudtshoorn as a yardstick, but adjusting for the lesser severity and current monetary value, the court awarded R120,000 for general damages. Future medical expenses were awarded at R13,200, based on the neurosurgeon’s report and reasonable estimation. Costs were awarded on the High Court scale, including the costs of the expert medico-legal...

Court Disposition

Plaintiff awarded general damages and future medical expenses; costs awarded on High Court scale.

Orders

  • The defendant shall pay to the plaintiff the sum of R120,000 for general damages and R13,200 for future medical expenses within 7 days, failing which the sum shall bear interest at 15.5% from that date until payment.
  • The defendant shall pay the plaintiff's taxed or agreed party and party costs, including reasonable taxable costs of obtaining the expert medico-legal report from Dr Jaap Earle served in terms of Rule 36(9)(a) and (b).