Van Vuuren v Road Accident Fund (2005/925) [2009] ZAGPJHC 21 (29 May 2009)

Van Vuuren v Road Accident Fund (2005/925) [2009] ZAGPJHC 21 (29 May 2009)

The court found that the plaintiff had proven her claim for past hospital and medical expenses and for loss of earnings from her home baking business, which was converted from a hobby to a modest income-generating activity. The evidence supported a reasonable monthly income of R200 from baking, and the actuarial calculation of R16,432 for past and future loss of income was accepted. The plaintiff failed to prove on a balance of probabilities that she would have established a nursing clinic or earned R2,000 per month from such a venture, as there was no objective evidence, business plan, or re-registration as a nurse. The claim for loss of earnings from the nursing clinic was therefore...

Citation
[2009] ZAGPJHC 21
Parties
Plaintiff: Merle Kathleen Van Vuuren (formerly Jones); Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 May 2009
Case Number
2005/925
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
Plaintiff's claim for damages arising from the motor vehicle collision is upheld in respect of past hospital and medical expenses, general damages, and loss of earnings from baking. Claim for loss of earnings from proposed nursing clinic is dismissed.
Judges
Saldulker
Legal Topics
Road Accident Fund Act, Personal Injury, Loss of Earnings, General Damages, Future Medical Expenses
Delict Road Accident Fund Act Personal Injury Loss of Earnings General Damages Future Medical Expenses

Case Brief

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Parties

Merle Kathleen Van Vuuren (formerly Jones)

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for past hospital and medical expenses.
  2. 2 Whether the plaintiff is entitled to general damages for pain and suffering and loss of amenities of life.
  3. 3 Whether the plaintiff has proven loss of earnings from her home baking business and the alleged nursing clinic.

Ratio Decidendi

The court found that the plaintiff had proven her claim for past hospital and medical expenses and for loss of earnings from her home baking business, which was converted from a hobby to a modest income-generating activity. The evidence supported a reasonable monthly income of R200 from baking, and the actuarial calculation of R16,432 for past and future loss of income was accepted. The plaintiff failed to prove on a balance of probabilities that she would have established a nursing clinic or earned R2,000 per month from such a venture, as there was no objective evidence, business plan, or re-registration as a nurse. The claim for loss of earnings from the nursing clinic was therefore...

Court Disposition

Plaintiff's claim for damages arising from the motor vehicle collision is upheld in respect of past hospital and medical expenses, general damages, and loss of earnings from baking. Claim for loss of earnings from proposed nursing clinic is dismissed.

Orders

  • The defendant is ordered to pay the plaintiff R30,032.14 for past hospital and medical expenses.
  • The defendant is ordered to pay the plaintiff R16,432.00 for past and future loss of income from baking.