Viljoen v Cornelius and Others (48446/2014) [2019] ZAGPPHC 188 (15 May 2019)

Viljoen v Cornelius and Others (48446/2014) [2019] ZAGPPHC 188 (15 May 2019)

The plaintiff failed to prove any past or future loss of income due to insufficient evidence and lack of expert testimony. The court accepted the agreed amounts for past medical expenses and reconstructive surgery. For future medical expenses, the court applied appropriate contingencies to the amounts recommended by the experts, awarding R730,850.00. General damages were assessed at R400,000.00, considering the plaintiff's physical injuries, psychological impact, career change, and loss of enjoyment of life. The total award was R1,310,850.00, less the interim payment of R500,000.00 already made by the defendants, resulting in a final award of R810,850.00 to the plaintiff.

Citation
[2019] ZAGPPHC 188
Parties
Plaintiff: C Viljoen obo J J D Viljoen; Defendant: Deon Cornelius; Defendant: S C Cornelius; Defendant: Fir-O-Seal
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 May 2019
Case Number
48446/2014
Procedural Posture
Civil Trial / Quantum Determination After Separation of Merits
Outcome
Plaintiff's claim for past and future loss of income is dismissed. Plaintiff is awarded damages for past medical expenses, reconstructive surgery, future medical expenses, and general damages, less the interim payment.
Judges
RG Tolmay
Legal Topics
Personal Injury, Quantification of Damages, Loss of Income, General Damages, Expert Evidence, Contingencies
Delict Civil Procedure Personal Injury Quantification of Damages Loss of Income General Damages Expert Evidence Contingencies

Case Brief

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Parties

C Viljoen obo J J D Viljoen

Plaintiff

Deon Cornelius

Defendant

S C Cornelius

Defendant

Fir-O-Seal

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Separation of Merits

Legal Issues

  1. 1 Whether the plaintiff proved past loss of income resulting from the accident.
  2. 2 Whether the plaintiff proved future loss of income due to early retirement.
  3. 3 What is the appropriate quantum for future medical expenses, including surgery, therapy, and equipment.

Ratio Decidendi

The plaintiff failed to prove any past or future loss of income due to insufficient evidence and lack of expert testimony. The court accepted the agreed amounts for past medical expenses and reconstructive surgery. For future medical expenses, the court applied appropriate contingencies to the amounts recommended by the experts, awarding R730,850.00. General damages were assessed at R400,000.00, considering the plaintiff's physical injuries, psychological impact, career change, and loss of enjoyment of life. The total award was R1,310,850.00, less the interim payment of R500,000.00 already made by the defendants, resulting in a final award of R810,850.00 to the plaintiff.

Court Disposition

Plaintiff's claim for past and future loss of income is dismissed. Plaintiff is awarded damages for past medical expenses, reconstructive surgery, future medical expenses, and general damages, less the interim payment.

Orders

  • Defendants, jointly and severally, are ordered to pay the plaintiff R810,850.00 as damages.
  • The amount shall bear interest at 10% per annum from 10 days after this order until date of payment.