Van Rooyen N.O. obo Opperman v Road Accident Fund (51326/2012) [2016] ZAGPPHC 395 (27 May 2016)

Van Rooyen N.O. obo Opperman v Road Accident Fund (51326/2012) [2016] ZAGPPHC 395 (27 May 2016)

The court found that the injuries and sequelae suffered by Ms Opperman, including cognitive disability, risk of epilepsy, visual impairment, motor impairment, and hearing loss, were causally related to the motor collision and not to her pre-existing diabetes. The expert evidence was unanimous and the defendant's own expert did not support the argument that diabetes contributed materially to the injuries. The court rejected the defendant's attempt to reduce the quantum based on the pre-existing condition. Considering the severity of the injuries, the inability of Ms Opperman to work or live independently, and comparative case law, the court determined that R1,300,000.00 is a fair and...

Citation
[2016] ZAGPPHC 395
Parties
Plaintiff: Adv M van Rooyen N.O. obo A Opperman; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 May 2016
Case Number
51326/2012
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Judgment for the plaintiff. Defendant ordered to pay damages and costs as specified.
Judges
C J van der Westhuizen
Legal Topics
Road Accident Fund, General Damages, Quantum of Damages, Curator Ad Litem, Pre Existing Condition
Delict Road Accident Fund General Damages Quantum of Damages Curator Ad Litem Pre Existing Condition

Case Brief

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Parties

Adv M van Rooyen N.O. obo A Opperman

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 Whether the injuries and sequelae suffered by Ms Opperman are causally related to the motor collision and not her pre-existing diabetes.
  2. 2 What is the fair and reasonable quantum for general damages given the severity of injuries and impact on Ms Opperman's life.

Ratio Decidendi

The court found that the injuries and sequelae suffered by Ms Opperman, including cognitive disability, risk of epilepsy, visual impairment, motor impairment, and hearing loss, were causally related to the motor collision and not to her pre-existing diabetes. The expert evidence was unanimous and the defendant's own expert did not support the argument that diabetes contributed materially to the injuries. The court rejected the defendant's attempt to reduce the quantum based on the pre-existing condition. Considering the severity of the injuries, the inability of Ms Opperman to work or live independently, and comparative case law, the court determined that R1,300,000.00 is a fair and...

Court Disposition

Judgment for the plaintiff. Defendant ordered to pay damages and costs as specified.

Orders

  • Defendant shall pay to Plaintiff (on behalf of Amanda Opperman) the amount of R1,883,022.41 into the trust account of the Plaintiff's attorneys.
  • Defendant shall provide an undertaking in terms of section 17(4)(a) of Act 56 of 1996 for future medical and related costs incurred due to the collision.