Wiese v Road Accident Fund (9263/2019) [2022] ZAWCHC 248 (30 November 2022)

Wiese v Road Accident Fund (9263/2019) [2022] ZAWCHC 248 (30 November 2022)

The court found that the plaintiff, a young and motivated individual with demonstrated leadership and academic potential, would likely have completed his matric and tertiary studies and entered the workforce, progressing to a managerial position. The median approach to pre-morbid earnings was accepted as fair and conservative. Given the severity of the plaintiff's tetraplegia and the expert evidence, his prospects of future employment are severely limited, justifying an 80% deduction for employability. The court determined that a 20% contingency deduction for future loss of earnings was appropriate, taking into account the plaintiff's youth, positive attributes, and the ordinary...

Citation
[2022] ZAWCHC 248
Parties
Plaintiff: Etienne Wiese; Defendant: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
30 November 2022
Case Number
9263/2019
Procedural Posture
Civil Trial / Quantification of Damages
Outcome
Plaintiff awarded damages for past and future loss of earnings, less interim payment; defendant liable for disputed past medical expenses; plaintiff and mother declared necessary witnesses entitled to costs.
Judges
J Cloete
Legal Topics
Personal Injury, Loss of Earnings, Contingency Deduction, Road Accident Fund Act, Quantification of Damages
Delict Civil Procedure Personal Injury Loss of Earnings Contingency Deduction Road Accident Fund Act Quantification of Damages

Case Brief

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Parties

Etienne Wiese

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages

Legal Issues

  1. 1 What is the appropriate amount to be awarded to the plaintiff for loss of earnings resulting from his injury.
  2. 2 What percentage contingency deduction should be applied to the plaintiff's future loss of earnings.
  3. 3 Should an additional deduction be made to reflect the plaintiff's reduced prospects of employment due to tetraplegia.

Ratio Decidendi

The court found that the plaintiff, a young and motivated individual with demonstrated leadership and academic potential, would likely have completed his matric and tertiary studies and entered the workforce, progressing to a managerial position. The median approach to pre-morbid earnings was accepted as fair and conservative. Given the severity of the plaintiff's tetraplegia and the expert evidence, his prospects of future employment are severely limited, justifying an 80% deduction for employability. The court determined that a 20% contingency deduction for future loss of earnings was appropriate, taking into account the plaintiff's youth, positive attributes, and the ordinary...

Court Disposition

Plaintiff awarded damages for past and future loss of earnings, less interim payment; defendant liable for disputed past medical expenses; plaintiff and mother declared necessary witnesses entitled to costs.

Orders

  • The defendant shall pay to the plaintiff the sum of R3 135 563, being the total award for past and future loss of earnings of R4 135 563 less the amount of R1 million already ordered as an interim payment towards same.
  • The defendant shall pay to the plaintiff’s attorney of record the sum of R201 112.30, less any portion which the defendant is able to provide documentary proof has been paid, in respect of the plaintiff’s past medical expenses.