South Africa Case Law

Louw N.O obo O.O v Road Accident Fund (304/2019)

Louw N.O obo O.O v Road Accident Fund (304/2019) [2024] ZAFSHC 221 (4 June 2024)

Court

Free State High Court, Bloemfontein

Case number

304/2019

Judge

M.T. Jordaan

The court found that the minor suffered significant injuries, including mild to moderate traumatic brain injury and orthopaedic injuries, as a direct result of the collision. Expert evidence established that these injuries led to neurocognitive and psychological deficits, negatively impacting the minor's educational attainment and future earning capacity. The court accepted the actuarial calculations and expert opinions, finding that the minor would have achieved matric and a post-school certificate but for the accident, and now, with support, may still complete matric but with reduced earnin…

Source excerpt

• Road Accident Fund Act
• Loss Of Earning Capacity
• General Damages
• Contingency Deductions
• Curator Ad Litem
• Trust Protection Of Award

K.L.M N.O obo T.M v Road Accident Fund (143/2017)

K.L.M N.O obo T.M v Road Accident Fund (143/2017) [2024] ZAFSHC 15 (18 January 2024)

Court

Free State High Court, Bloemfontein

Case number

143/2017

Judge

J J F Hefer

The court found, on a balance of probabilities, that the minor suffered a concussive brain injury in the accident, which exacerbated pre-existing cognitive and educational limitations. The expert evidence presented by the plaintiff was uncontested and supported the claim that the accident materially worsened the minor's prognosis. The court accepted actuarial calculations for loss of earning capacity, applying reasonable contingencies given the uncertainties. Comparable case law was used to determine a fair and equitable amount for general damages. The court held that the awarded funds should…

Source excerpt

• Road Accident Fund Act
• Quantum Of Damages
• Loss Of Earning Capacity
• General Damages
• Trust Protection Of Award

T.N.N obo N.A.N v MEC for Health, Gauteng (80010/17)

T.N.N obo N.A.N v MEC for Health, Gauteng (80010/17) [2023] ZAGPPHC 1177 (11 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

80010/17

Judge

Cowen

The High Court awarded R12,777,819 in damages for a child’s blindness caused by medical negligence, and approved trust protection of the award.

• Medical Negligence
• Quantum Of Damages
• Personal Injury Awards
• Trust Protection Of Award
• Medical-negligence
• Quantum-of-damages

S.T.N obo S.T.M v Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government (Y69426/2019)

S.T.N obo S.T.M v Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government (Y69426/2019) [2023] ZAGPPHC 684 (16 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

Y69426/2019

Judge

Collis

Quantum judgment in a medical negligence claim concerning severe cerebral palsy injuries during childbirth, with a trust ordered to protect the minor’s award.

• Medical Negligence
• Cerebral Palsy
• Quantification Of Damages
• Contingency Deductions
• Trust Protection Of Award
• Future Medical Expenses

van Rooyen v Road Accident Fund

van Rooyen v Road Accident Fund [2023] ZAGPPHC 116; 73266/2017 (22 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

73266/2017

Judge

Molahlehi

High Court awarded general damages and loss of earnings to an injured passenger after a motor vehicle accident, and ordered the award protected by a trust.

• Road Accident Fund Act
• Quantification Of Damages
• Loss Of Earnings
• General Damages
• Curatrix Ad Litem
• Trust Protection Of Award

Komane v Road Accident Fund (24809/2022)

Komane v Road Accident Fund (24809/2022) [2022] ZAGPPHC 1007 (30 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

24809/2022

Judge

Khashane Manamela

The court found, on the uncontested evidence of the plaintiff and supporting expert reports, that the insured driver was negligent and caused the accident resulting in severe injuries to the plaintiff. The defendant, having failed to defend, was held fully liable for the proven damages. The quantum for loss of earnings was determined based on revised actuarial calculations with appropriate contingency deductions (5% for past loss, 25% for future loss), resulting in R6,271,416.00. General damages were assessed by reference to comparable cases, with the court awarding R1,800,000.00, considering…

Source excerpt

• Road Accident Fund Act
• Personal Injury
• Loss Of Earnings
• General Damages
• Contingency Deductions
• Trust Protection Of Award

Bam obo R.H.T v Road Accident Fund (7762/17)

Bam obo R.H.T v Road Accident Fund (7762/17) [2019] ZAGPPHC 1056 (21 November 2019)

Court

North Gauteng High Court, Pretoria

Case number

7762/17

Judge

Neukircher

The court awarded general damages for a severe traumatic brain injury, found the plaintiff unemployable, and ordered that the award be protected by trust.

• Road Accident Fund
• General Damages
• Traumatic Brain Injury
• Curator Ad Litem
• Trust Protection Of Award
• Road-accident-fund

M v Road Accident Fund (5172/2018)

M v Road Accident Fund (5172/2018) [2019] ZAGPPHC 1008 (1 November 2019)

Court

North Gauteng High Court, Pretoria

Case number

5172/2018

Judge

Swanepoel

The court found that the plaintiff suffered a moderately severe diffuse brain injury resulting in permanent neurocognitive and psychological deficits, including memory loss, poor concentration, and limited career prospects. The plaintiff failed Grade 12 and is unlikely to achieve tertiary qualifications. The actuarial evidence supported a significant reduction in future earning capacity. The court applied a 35% contingency to both pre-morbid and post-morbid income, resulting in a loss of income of R4,076,137.35, and awarded 70% thereof, amounting to R2,853,296.14. For general damages, the cou…

Source excerpt

• Road Accident Fund
• Loss Of Earning Capacity
• General Damages
• Contingency Deductions
• Trust Protection Of Award

Mtshulana obo S v Road Accident Fund (76476/15)

Mtshulana obo S v Road Accident Fund (76476/15) [2019] ZAGPPHC 483 (8 April 2019)

Court

North Gauteng High Court, Pretoria

Case number

76476/15

Judge

Collis

High Court damages award against the Road Accident Fund for a minor pedestrian injured in a collision, including loss of earning capacity, general damages, and a protective trust.

• Road Accident Fund Act
• Loss Of Earning Capacity
• General Damages
• Contingency Deductions
• Expert Evidence
• Trust Protection Of Award

Mtshali v Road Accident Fund (23918/2013)

Mtshali v Road Accident Fund (23918/2013) [2017] ZAGPPHC 868 (22 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

23918/2013

Judge

T Brenner

Quantum judgment in a Road Accident Fund personal injury claim involving a serious brain injury, with damages awarded for income loss and general damages.

• Road Accident Fund Act
• Personal Injury
• General Damages
• Loss Of Earning Capacity
• Trust Protection Of Award
• Road-accident-fund