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South Africa Case Law

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Delict [2024] ZAGPJHC 1316

Ndlovu v The Road Accident Fund (1970/2020)

Ndlovu v The Road Accident Fund (1970/2020) [2024] ZAGPJHC 1316 (19 September 2024)

High Court damages quantum ruling against the RAF for injuries from a 2016 motor vehicle collision, awarding R847,000 and costs, with general damages postponed.

  • Road Accident Fund Act
  • Quantum Of Damages
  • Future Loss Of Earning Capacity
  • Contingency Deduction
  • Costs Award
  • Expert Evidence
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Civil Procedure [2024] ZAGPJHC 287

O.M.S obo R.K.S v Road Accident Fund (2073/2022)

O.M.S obo R.K.S v Road Accident Fund (2073/2022) [2024] ZAGPJHC 287 (18 March 2024)

High Court RAF matter on a minor child’s future loss of earning capacity and a section 17(4)(a) undertaking, with costs awarded to the plaintiff.

  • Road Accident Fund Act
  • Future Loss Of Earning Capacity
  • General Damages
  • Section 17 Undertaking
  • Expert Evidence
  • Road-accident-fund
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Delict [2023] ZAECQBHC 27

Krebs v Road Accident Fund (2734/2020)

Krebs v Road Accident Fund (2734/2020) [2023] ZAECQBHC 27 (25 April 2023)

The court found that the plaintiff's physical and psychological injuries resulting from the motor vehicle accident have rendered him a vulnerable employee with limited prospects for continued employment or alternative placement in the open labour market. Expert joint minutes and testimony established that ongoing employment in his current position beyond the immediate short-term is improbable, and career advancement is no longer attainable. The court preferred the opinion of Dr Perry, supported by other experts, over Dr Aslam, finding that the plaintiff's chronic pain, functional limitations,…

  • Road Accident Fund Act
  • Future Loss Of Earning Capacity
  • Contingency Deductions
  • Expert Evidence
  • Employment Equity Act
  • Damages Assessment
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Delict [2021] ZAGPPHC 176

Maphosa v MEC for Health, Limpopo (29755/2011)

Maphosa v MEC for Health, Limpopo (29755/2011) [2021] ZAGPPHC 176 (15 March 2021)

Court quantified damages for a plaintiff left severely disabled after negligent hospital treatment, applying a 30% contingency deduction to future earnings.

  • Medical Negligence
  • Quantum Of Damages
  • Future Loss Of Earning Capacity
  • Contingency Deduction
  • Medical-negligence
  • Quantum-of-damages
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Delict [2020] ZAFSHC 89

L.G v Road Accident Fund (33172017)

L.G v Road Accident Fund (33172017) [2020] ZAFSHC 89 (11 May 2020)

High Court road accident damages case on loss of earnings, Paterson level progression, and contingencies; plaintiff awarded quantified damages and future-care undertaking.

  • Road Accident Fund Act
  • Loss Of Earnings
  • Contingencies
  • Future Loss Of Earning Capacity
  • Road-accident-fund
  • Loss-of-earnings
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Civil Procedure [2019] ZALMPPHC 9

Hlomogang v Road Accident Fund (HCAA01/2018)

Hlomogang v Road Accident Fund (HCAA01/2018) [2019] ZALMPPHC 9 (14 February 2019)

Appeal upheld in a Road Accident Fund claim for future loss of earning capacity, with the court awarding damages after accepting expert evidence and a 40% contingency deduction.

  • Road Accident Fund Act
  • Future Loss Of Earning Capacity
  • Contingency Deduction
  • Expert Evidence
  • Quantum Of Damages
  • Road-accident-fund
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Delict [2014] ZAECPEHC 51

Deyzel v Road Accident Fund (1886/2013)

Deyzel v Road Accident Fund (1886/2013) [2014] ZAECPEHC 51 (14 August 2014)

The court applied a 15% contingency deduction to the plaintiff’s pre-accident earning capacity and awarded damages for future loss of earnings.

  • Road Accident Fund Act
  • Contingency Deduction
  • Future Loss Of Earning Capacity
  • Quantum Of Damages
  • Road-accident-fund
  • Contingency-deduction
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Delict [2012] ZAFSHC 125

Molete v MEC for Health, Free State (2155/09)

Molete v MEC for Health, Free State (2155/09) [2012] ZAFSHC 125 (21 June 2012)

High Court damages ruling for a child injured after misdiagnosis and delayed treatment, addressing future earning capacity, medical costs, and general damages.

  • Medical Negligence
  • Quantification Of Damages
  • Future Loss Of Earning Capacity
  • Future Medical Expenses
  • General Damages
  • Curator Bonis Costs
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Delict [2010] ZAECMHC 17

Makupula v Road Accident Fund (1635/07)

Makupula v Road Accident Fund (1635/07) [2010] ZAECMHC 17 (8 April 2010)

Quantum judgment in a Road Accident Fund matter awarding damages for a child’s injuries, future loss of earning capacity, and costs.

  • Road Accident Fund Act
  • Future Loss Of Earning Capacity
  • General Damages
  • Contingency Deductions
  • Costs Of Two Counsel
  • Road-accident-fund
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.