Wright v Road Accident Fund (3425/09) [2011] ZAECPEHC 15 (5 May 2011)

Wright v Road Accident Fund (3425/09) [2011] ZAECPEHC 15 (5 May 2011)

The court found that the plaintiff suffered catastrophic, permanent injuries resulting in paraplegia, loss of amenities, and unemployability. The evidence established that, but for the accident, the plaintiff would have pursued a successful career as an artisan, possibly a millwright, with strong prospects for advancement due to the skills shortage in South Africa. The actuarial calculations provided a logical basis for quantifying future loss of earnings, and the court accepted the lower estimate for an ordinary artisan, applying a 15% contingency deduction to account for the vicissitudes of life and specific risks. The court determined that general damages should be set at R750,000,...

Citation
[2011] ZAECPEHC 15
Parties
Plaintiff: Devon Shaw Wright; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
5 May 2011
Case Number
3425/09
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for damages is upheld; quantum determined and orders granted as specified.
Judges
J W Eksteen
Legal Topics
Road Accident Fund Act, Loss of Earning Capacity, General Damages, Contingency Adjustment, Future Medical Expenses
Delict Civil Procedure Road Accident Fund Act Loss of Earning Capacity General Damages Contingency Adjustment Future Medical Expenses

Case Brief

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Parties

Devon Shaw Wright

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum for general damages suffered by the plaintiff as a result of the accident.
  2. 2 What is the correct assessment of the plaintiff's loss of earning capacity.
  3. 3 Which claims are to be covered by the section 17(4)(a) undertaking under the Road Accident Fund Act.

Ratio Decidendi

The court found that the plaintiff suffered catastrophic, permanent injuries resulting in paraplegia, loss of amenities, and unemployability. The evidence established that, but for the accident, the plaintiff would have pursued a successful career as an artisan, possibly a millwright, with strong prospects for advancement due to the skills shortage in South Africa. The actuarial calculations provided a logical basis for quantifying future loss of earnings, and the court accepted the lower estimate for an ordinary artisan, applying a 15% contingency deduction to account for the vicissitudes of life and specific risks. The court determined that general damages should be set at R750,000,...

Court Disposition

Plaintiff's claim for damages is upheld; quantum determined and orders granted as specified.

Orders

  • The defendant must pay the plaintiff R6,155,399.77 as damages, noting that R1,500,000.00 has already been paid as an interim payment.
  • The defendant must pay interest on the outstanding amount of R4,655,399.77 at the legal rate from fourteen days after the judgment to the date of payment.