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South Africa decisions
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Brits v Road Accident Fund (54415/2018) [2025] ZAGPPHC 417 (11 April 2025)
Unopposed RAF claim arising from a motorcycle collision. The High Court awarded damages for medical expenses and loss of earnings, and ordered an undertaking for future medical costs.
Cornelius v Road Accident Fund (68974/13) [2018] ZAGPPHC 454 (16 February 2018)
High Court damages judgment in a Road Accident Fund claim, finding the plaintiff’s post-accident work was sympathetic employment and awarding loss of earnings.
Sayed NO v Road Accident Fund (49442/2013) [2016] ZAGPPHC 1112 (16 November 2016)
High Court award on future loss of earnings after a motor accident, with the court applying a 50% contingency deduction for a sympathetically employed plaintiff.
Makuapane v Road Accident Fund (2012/12871) [2015] ZAGPJHC 70 (10 April 2015)
The court awarded the plaintiff damages for a motor vehicle accident, accepting sympathetic employment and loss of earning capacity, and declared the contingency fee agreement invalid.
Human v RAF (24720/2013) [2014] ZAGPJHC 441 (17 March 2014)
The High Court fixed the plaintiff’s retirement age at 62½ for loss of earnings, accepting that she was sympathetically employed and had pre-existing cervical spondylosis.
Gouveia v Road Accident Fund (2010/19802) [2013] ZAGPJHC 293 (18 November 2013)
The court found that the plaintiff is sympathetically employed and his continued salary does not reflect his true earning capacity. The plaintiff's neurocognitive and psychological impairments are permanent, rendering him unemployable in the open labour market. The fact that the family business replaced his role with two employees supports the conclusion that his earning capacity has been lost. The court distinguished the present case from Rudman, noting that the plaintiff does not receive income as of right, but rather as a result of family sympathy. The calculation of damages for loss of ea…
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