21 the Civil Proceedings Evidence Act 25 of 1965 read with Uniform Rule 38(2).3. Theplaintiff prays foranorder inrespect ofloss ofearnings, and the
postponement of Future medical expenses and General Damages .
4.Rule 38(2)1application waspresented tothecourt bycounsel .Igranted such order
admitting thePlaintiff’s expert reports intoevidence toallow thematter toproceed (with
theproviso thatasisusually applicable andshould theneed arise, vivavoce evidence
can be called for)
FACTUAL BACKGROUND
MERITS
5. From merit documentation at015, plaintiff’sidentity document accords withthe
affidavit confirming herdate ofbirth as13March 1983, andfurther thatshewas a
passenger in one of the insured vehicles .
6. The OAR (accident report), which the parties admitted as evidence , confirms
that a collision occurred on Friday, 13 January 2017, at 06:45.
7. Itisworth noting that theparties inthis process engaged insettlement
negotiations andsuccessfully reached anagreemen t,which issubmitted asperthe
heads of argument that it be made an order of court.
8. Thissettlement isbased ontheletter ofoffer from RAF dated 31July 2023,
andtheNotice ofAcceptance oftheoffer dated August 1,2023. Theletter ofoffer was
issued byclaims officer Anita Lourens, who extended atender thatstated 100%merit
assessment infavour oftheclaimant. This offer was accepted through thenotice
provided.
3 QUANTUM.
9. Insupport ofhisclaim andforcompliance, theplaintiff’s attorneys filed the
RAF1 form which wascompleted byDrJJShutte who extracted information from the
hospital notes .According totheevidence presented, hesustained afracture onthe
right ankle andsofttissue injuries, abrasion .Thenature ofemergency treatment was
emergency transport and hospital care . She was taken to Dr G Mukhari hospital .
10. Following the hospital records, she was treated on 13 January 2017
andwasdischarged thesame daybutbooked offduty until30/01/2017 assheneeded
toelevate herleg.She attended thehospital again fororthopedic problem asan
outpatient on26/01/2017 .and abelow-the-knee plaster ofParis was applied toher
right legforsixweeks andreplaced foranother sixweeks. She was referred tothe
Podiatry department and also attended physiotherapy
11. Inheramende dparticulars ofclaim, theplaintiff avers thatasaresult ofthe
injuries shesuffered apast andfuture lossofearning which sheishereby claiming in
the sum of R1708.00 and R 2 197 516.00 respectively.
12. Dr.HBEnslin's Orthopaedic Addendum report indicates that theplaintiff
sustained aninjury toherright ankle, including damage totheperoneal tendons,
plantar fascia, andarupture oftheanterior talofibular ligament. Despite using amoon
boot forsixweeks andcrutches fornine months, hersymptoms persist, with severe
pain and swelling worsening since September 2017. She has PTSD and anxiety .
13. Sheexperiences difficulty running, jumping, climbing stairs, andmild pain inher
leftankle from compensating. Clinical examination reveals tenderness intheright
ankle, although radiological exams have been normal, except forasubtle stress
reaction noted in2018. MRI results show permanent damage totheplantar fascia and
talofibular. The plaintiff struggles with work and commuting, requiring prolonged
conservative treatment. She will need to remain sedentary for the rest of her life.
414. Occupational Therapy Rita Van Biljoen assessment findings indicate the
plaintiff issuited forsedentary tooccasional light work. While shecanperform herrole
asapharmacy assistant, should sheseek other positions inapharmacy, frequent
walking demands may pose challenges duetoherright ankle injury, which restricts
walking tooccasional performance (6-33% ofanormal workday). This may exacerbate
herpain andmusculoskeletal limitations. Therefore, intermittent restbreaks should be
allowed, although they may negatively impact her work speed and productivity.
15. Additionally, Dr.Ballyram's report indicates adiagnosis ofmajor depressive
disorder, which may affect herability tohandle stress and concentrate, potentially
making her vocationally vulnerable.
16. The Industrial psychologist Ben Moodley's report notes thattheplaintiff was
absent from work forabout aweek following heraccident butreceived fullpayandno
loss of benefits during her recovery.
17. Shehasreturned towork andresumed normal duties ,though sheexperiences
pain andstiffness inherright ankle from prolonged sitting, requiring hertoelevate her
legforcirculation. Sheindicated thatshelostoutonovertime ,however ,according to
theemployer certificate ,shedidnotlose outonanybenefit while recuperating .He
reported further that hewas inpossession ofvarious payslips and according tothe
payslips , she never worked any overtime at that point in time.
18. Her work hours have remained unchanged, and hersalary increased from
R7,885.24 toR8,454.44 byMarch 2018 ,withovertime now included—something she
did not work prior to the accident according to earlier payslips.
19. Moodley concludes thattheplaintiff cancontinue working inanadministrative
role until retirement, although shemay face pain and discomfort. Herecommends
compensation for any post-accident issues affecting her daily functioning.
20. According totheactuarial report ofJohn Sauer on24/05/2023 ,thepast lossof
earnings isR1 694.00 .thetotal loss ofearnings isR1817 000.Earnings hadthe