South Africa Case Law

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)

Court

Supreme Court of Appeal

Case number

331/2021

Judges

Zondi, Carelse, Mabindla-Boqwana, Meyer, Phatshoane

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

Frantzen v Road Accident Fund (18518/10)

Frantzen v Road Accident Fund (18518/10) [2021] ZAGPPHC 23 (22 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

18518/10

Judge

Collis

The High Court held that the plaintiff failed to prove a causal link between a 2007 collision and later dystonia, and dismissed the causation claim.

• Causation
• Personal Injury
• Whiplash Injury
• Movement Disorder
• Expert Evidence
• Delict

Matladi v Road Accident Fund (36243/08)

Matladi v Road Accident Fund (36243/08) [2010] ZAGPJHC 173 (10 June 2010)

Court

South Gauteng High Court, Johannesburg

Case number

36243/08

Judge

Meyer

The court awarded general damages for injuries from a road collision, including loss of the plaintiff’s right eye, whiplash, and maxillo-facial injuries.

• Road Accident Fund Act
• Bodily Injury Quantification
• General Damages
• Loss Of Eye
• Whiplash Injury
• Maxillo Facial Injury