Z.V.S v Road Accident Fund (5489/2019) [2023] ZAFSHC 99 (31 March 2023)

Z.V.S v Road Accident Fund (5489/2019) [2023] ZAFSHC 99 (31 March 2023)

The court held that, since the parties agreed to admit expert evidence by affidavit and waived cross-examination, the factual allegations and expert opinions presented by the plaintiff stand unchallenged. The defendant's objections to hearsay and credibility are not sustainable at this stage, as the opportunity to challenge the evidence was forfeited. The expert evidence, including the reports of the neurologist, educational psychologist, industrial psychologist, and actuary, was accepted as properly proven. The court found that the minor child, due to the accident, will likely remain unemployed and is unlikely to secure gainful employment. The actuarial calculation, based on a 20%...

Citation
[2023] ZAFSHC 99
Parties
Plaintiff: Z V S obo S R M; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
31 March 2023
Case Number
5489/2019
Procedural Posture
Civil Trial / Quantum Determination (loss of Earnings) After Partial Settlement
Outcome
Plaintiff's claim for future loss of earnings is upheld. Defendant is ordered to pay the plaintiff R4,276,988.00 for future loss of earnings.
Judges
C Van Zyl
Legal Topics
Loss of Earnings, Expert Evidence, Contingency Deductions, Hearsay Evidence, Quantum of Damages
Delict Civil Procedure Loss of Earnings Expert Evidence Contingency Deductions Hearsay Evidence Quantum of Damages

Case Brief

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Parties

Z V S obo S R M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination (loss of Earnings) After Partial Settlement

Legal Issues

  1. 1 Whether the plaintiff has proven the minor child's future loss of earnings resulting from the accident.
  2. 2 Whether the expert evidence submitted by affidavit is admissible and sufficient in the absence of cross-examination or counter-expert evidence.
  3. 3 What contingency deduction is appropriate for the calculation of future loss of earnings.

Ratio Decidendi

The court held that, since the parties agreed to admit expert evidence by affidavit and waived cross-examination, the factual allegations and expert opinions presented by the plaintiff stand unchallenged. The defendant's objections to hearsay and credibility are not sustainable at this stage, as the opportunity to challenge the evidence was forfeited. The expert evidence, including the reports of the neurologist, educational psychologist, industrial psychologist, and actuary, was accepted as properly proven. The court found that the minor child, due to the accident, will likely remain unemployed and is unlikely to secure gainful employment. The actuarial calculation, based on a 20%...

Court Disposition

Plaintiff's claim for future loss of earnings is upheld. Defendant is ordered to pay the plaintiff R4,276,988.00 for future loss of earnings.

Orders

  • The defendant is ordered to pay the plaintiff the amount of R4,276,988.00 in respect of loss of earnings.
  • Payment must be made directly to the trust account of the plaintiff's attorneys of record.