Wray obo Wray v Road Accident Fund (740/2018) [2021] ZAFSHC 309 (30 November 2021)

Wray obo Wray v Road Accident Fund (740/2018) [2021] ZAFSHC 309 (30 November 2021)

The court found that the defendant's admission of the plaintiff's expert reports and joint minutes disposed of all disputes. No repudiation or challenge to the expert consensus was made, and the defendant failed to avail itself of the opportunity to cross-examine the experts. The evidence established that Duncan is unemployable for the remainder of his life due to severe brain injury and associated sequelae. Applying the Koch method and considering the statutory cap, a contingency deduction of 23.5% is appropriate. The actuarial calculation results in a total loss of earnings of R9,060,284, from which the interim payment of R3 million is deducted, leaving a balance of R6,060,284 to be...

Citation
[2021] ZAFSHC 309
Parties
Plaintiff: Michelle Wray obo Duncan Deon Leonard Wray; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 November 2021
Case Number
740/2018
Procedural Posture
Civil Trial / Quantification of Damages (loss of Earnings) After Partial Settlement
Outcome
Plaintiff's claim for loss of earnings is upheld. The defendant is ordered to pay the balance of R6,060,284 to the plaintiff's attorneys' trust account for the benefit of Duncan Deon Leonard Wray, subject to the creation of a trust. Costs are awarded to the plaintiff. The issue of past medical expenses is postponed.
Judges
De Kock
Legal Topics
Loss of Earnings, Contingency Deduction, Quantification of Damages, Road Accident Fund Act, Expert Evidence
Civil Procedure Delict Loss of Earnings Contingency Deduction Quantification of Damages Road Accident Fund Act Expert Evidence

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Parties

Michelle Wray obo Duncan Deon Leonard Wray

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantification of Damages (loss of Earnings) After Partial Settlement

Legal Issues

  1. 1 What is the appropriate contingency deduction to apply to the plaintiff's claim for future loss of earnings?
  2. 2 Is the plaintiff, Duncan Deon Leonard Wray, unemployable for the remainder of his life as a result of the accident?
  3. 3 Should the court accept the expert joint minutes and actuarial calculations as agreed between the parties?

Ratio Decidendi

The court found that the defendant's admission of the plaintiff's expert reports and joint minutes disposed of all disputes. No repudiation or challenge to the expert consensus was made, and the defendant failed to avail itself of the opportunity to cross-examine the experts. The evidence established that Duncan is unemployable for the remainder of his life due to severe brain injury and associated sequelae. Applying the Koch method and considering the statutory cap, a contingency deduction of 23.5% is appropriate. The actuarial calculation results in a total loss of earnings of R9,060,284, from which the interim payment of R3 million is deducted, leaving a balance of R6,060,284 to be...

Court Disposition

Plaintiff's claim for loss of earnings is upheld. The defendant is ordered to pay the balance of R6,060,284 to the plaintiff's attorneys' trust account for the benefit of Duncan Deon Leonard Wray, subject to the creation of a trust. Costs are awarded to the plaintiff. The issue of past medical expenses is postponed.

Orders

  • The defendant shall pay R6,060,284 to the plaintiff's attorneys' trust account for the sole benefit of Duncan Deon Leonard Wray, to be transferred to a trust to be created as per the court order of 3 August 2021, after deduction of legal fees and disbursements.
  • Payment is to be made within 180 days of this order, failing which interest at 7% per annum a tempore morae will accrue from 180 days after the order until final payment.