Vitorino v Road Accident Fund (31641/2012) [2014] ZAGPPHC 751 (4 September 2014)

Vitorino v Road Accident Fund (31641/2012) [2014] ZAGPPHC 751 (4 September 2014)

The court accepted the expert evidence that the plaintiff, due to his physical and psychological sequelae from the accident, is functionally unemployable in the open labour market. The fact that he was re-employed in a sedentary position for a limited period does not negate the overall impact of his injuries on his future employability. The actuarial calculations for past and future loss of income were accepted, with a ten percent contingency deduction applied to future loss, as argued by the plaintiff. The defendant failed to present countervailing expert evidence. The total award was calculated by summing agreed amounts for past medical expenses, general damages, past loss of income,...

Citation
[2014] ZAGPPHC 751
Parties
Plaintiff: Vitorino Augusto; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 September 2014
Case Number
31641/2012
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff. The defendant is ordered to pay the plaintiff damages as set out in the order.
Judges
S.A.M Baqwa
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Contingency Deductions
Delict Road Accident Fund Act Loss of Earning Capacity General Damages Contingency Deductions

Case Brief

Summary, issues, holding and outcome

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Parties

Vitorino Augusto

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 What is the appropriate quantum for loss of earnings or earning capacity suffered by the plaintiff as a result of the accident.
  2. 2 What contingency deduction should be applied to the plaintiff's future loss of income.
  3. 3 Whether the plaintiff is functionally unemployable in the open labour market due to injuries sustained in the accident.

Ratio Decidendi

The court accepted the expert evidence that the plaintiff, due to his physical and psychological sequelae from the accident, is functionally unemployable in the open labour market. The fact that he was re-employed in a sedentary position for a limited period does not negate the overall impact of his injuries on his future employability. The actuarial calculations for past and future loss of income were accepted, with a ten percent contingency deduction applied to future loss, as argued by the plaintiff. The defendant failed to present countervailing expert evidence. The total award was calculated by summing agreed amounts for past medical expenses, general damages, past loss of income,...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay the plaintiff damages as set out in the order.

Orders

  • The defendant shall pay the plaintiff R109,501.61 for past medical expenses.
  • The defendant shall pay the plaintiff R550,000.00 for general damages.