- Passenger suffers multiple fractures and chronic pain, unable to return to pre-accident work, awarded R1.76 million.
- Lower court misdirected by overlooking combined expert reports on residual impairments and occupational limitations.
- General damages postponed pending RAF decision, ongoing medical care ensured through court-ordered undertaking.
For Matewos Jegano Lejure, life changed irrevocably on 24 June 2018. As a passenger in a vehicle involved in a collision, he sustained serious injuries that would haunt him long after the accident.
The Limpopo High Court, Polokwane, recently awarded him R1,762,207.70 in compensation for past and future loss of earnings, recognising the profound impact of these injuries on his body, career, and daily life.
Lejure’s injuries were devastating. He suffered a right femur fracture requiring surgery, a malunited greater tuberosity fracture in his left shoulder, and atlantoaxial arthritis in his neck. Hospitalised for over two months, reliant on crutches for three months, he battled not only excruciating pain but also the emotional weight of sudden immobility.
Even after his fractures healed, chronic pain persisted. Orthopaedic reports revealed ongoing pain in his right thigh, left shoulder, and neck, with future surgeries and rehabilitation anticipated. Tasks once taken for granted, walking long distances, lifting objects, performing manual labour, became agonising challenges.
Occupational and cognitive impact
The occupational therapist’s assessment showed that Lejure could no longer sustain the physical or cognitive demands of his previous work. Persistent pain and limited mobility compromised his ability to squat, lift, or walk, while headaches and neck pain impaired his concentration and memory. Everyday work tasks became nearly impossible, leaving him sidelined from the labour market and dependent on physical abilities that had been shattered by the accident.
Industrial and organisational psychologists confirmed the catastrophic impact on Lejure’s earning potential. Post-accident, he was unlikely to return to his pre-accident occupation or any comparable manual work. Experts agreed he faced a total loss of future earnings, with chronic pain and musculoskeletal limitations permanently affecting his employability.
Actuarial analysis detailed the financial consequences. Prior to the accident, Lejure earned R5 000 per month at his brother’s tuckshop, a position reliant entirely on physical ability. Considering his age, limited skills, and economic conditions, the court applied contingency deductions and calculated total past and future loss at R1,762,207.70.
Lower court’s oversight rectified
The High Court found that the lower court had erred by focusing narrowly on X-rays and portions of orthopaedic assessments, ignoring the broader context of ongoing impairments and occupational limitations. By evaluating all expert evidence holistically, the court recognised that Lejure’s life and work prospects had been fundamentally altered.
The court also noted that Lejure’s claim for general damages could not yet be entertained, as the RAF had not determined whether his injuries qualified as serious. This part of the claim was postponed sine die. An undertaking was ordered to cover all future accident-related medical, hospital, and rehabilitation costs.
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