L.M and Others v Road Accident Fund - Appeal (A30/2023)
L.M and Others v Road Accident Fund - Appeal (A30/2023) [2023] ZAWCHC 249 (11 October 2023)
The appellate court found that the trial court erred by requiring proof of a diagnosable psychiatric condition as a prerequisite for liability. The evidence, including uncontested testimony from the deceased's wife, mother, and expert witnesses, established that the deceased suffered severe physical injuries resulting in chronic pain, depression, and impaired judgment. The cumulative effect of these injuries and their sequelae led to the deceased's suicide. The court held that the suicide was not a novus actus interveniens but was causally connected to the accident. The requirements for factu…
Source excerpt
- Loss Of Support
- Causation
- Novus Actus Interveniens
- Road Accident Fund Act
- Psychiatric Injury
- Suicide Liability