Frantzen v Road Accident Fund (331/2021)
Frantzen v Road Accident Fund (331/2021) [2022] ZASCA 107; [2022] 3 All SA 657 (SCA); 2023 (1) SA 52 (SCA) (15 July 2022)
The Supreme Court of Appeal found that the appellant failed to establish, on a balance of probabilities, that the soft tissue injury sustained in the 2007 accident was causally connected to the onset of dystonia. While the expert evidence presented by Dr Smuts relied on the Jankovic criteria and medical literature, the court found that the application of the third criterion—anatomical relationship between injury and disorder—was not adequately explained, especially given the generalised nature of the appellant's dystonia. The court held that the expert's reasoning did not sufficiently account…
Source excerpt
- Factual Causation
- Personal Injury
- Expert Evidence
- Whiplash Injury
- Dystonia
- Medical Negligence