- The appeal dealt only with future loss of earnings after liability had already been settled.
- Judges found the trial court relied on a factual error about the appellant’s qualifications.
- The appellant was awarded R3,667,781.70 for future loss of earnings.
A trial court’s mistaken finding that an injured student had obtained a mechanical engineering diploma wrongly denied her compensation for future loss of earnings, the Mpumalanga High Court has ruled.
The full bench found that the appellant, who was permanently injured in a 2017 road crash, had completed only an N4 certificate and that the error led the trial court to wrongly conclude she had retained her pre-accident earning capacity.
The Road Accident Fund had already accepted full liability for the collision, leaving future loss of earnings as the only issue before the courts.
The factual error
The appellant was a Grade 11 learner when she suffered a brachial plexus injury to her left shoulder and upper limb in the crash on the Kamhlushwa Main Road in Mpumalanga.
At trial, her claim was dismissed after the court found she had retained her earning capacity. On appeal, Judge Gumede said that conclusion rested on an incorrect reading of the evidence.
“This was used to criticise the educational psychologist’s opinion that the appellant will not reach her pre-accident potential,” the judgment states. The judges also rejected the trial court’s reliance on her plans to continue studying.
Expert evidence accepted
The appeal court accepted uncontested evidence that the appellant’s left hand grip strength and coordination had been permanently compromised, limiting her to sedentary work and reducing her competitiveness in the labour market.
It also criticised submissions by the RAF that her age meant she was likely to recover and could simply pursue another career.
“Counsel for the respondent is not qualified to make such submissions regarding the recovery of the appellant,” the court said, adding that the argument infringed her constitutional freedom to choose a trade, occupation or profession.
Instead of sending the matter back for another hearing, the full bench applied the undisputed actuarial calculations and awarded the appellant R3,667,781.70 for future loss of earnings, together with interest and costs.
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