The Road Accident Fund (RAF) has been ordered to compensate air traffic controller Louie Rouvier Roux by 80% for injuries sustained in a motorcycle accident he was involved in on 8 August 2017.
The Free State High Court judgment follows a comprehensive review of both the circumstances surrounding the case and the various expert testimonies related to Roux’s injuries and subsequent financial losses.
Judge C van Zyl presided over the case, where the Roux's claims were largely accepted, with previous evidence establishing that he had sustained severe injuries, including a concussive brain injury and left-sided acute subdural haemorrhage. As a result of these injuries, Roux faces significant challenges in his professional life as an air traffic controller.
Roux was born on 16 March 1989. At the time of the accident he was employed as an Approach Radar and Procedural Controller at the Air Traffic Navigational Services, Bloemfontein International Airport. He was single at the time, but has since got married and emigrated to New Zealand in April 2023.
Initially he was employed as a Procedural Approach and Aerodrome Controller in Invercargill, which employment he started in June 2023. After approximately seven months an internal position opened as a Wellington Approach Radar Controller in Christchurch. He applied for the position and was successful and they moved to Christchurch in March 2024 and at the time of the drafting of the addendum report, he was still busy with training in the new position.
He claimed damages for injuries he suffered as a result of an accident which occurred between the motorcycle he was driving and a motor vehicle on 8 August 2017.
The court ordered the RAF to provide a statutory undertaking to cover 80% of Roux's future medical and accommodation costs related to injuries sustained in the accident. This order requires the RAF to furnish Roux with the specified undertaking within 180 days of the ruling.
Notably, Roux's claim entailed intricate calculations regarding past and future loss of earnings, factoring in contingencies for uncertainties. The court accepted a contingency deduction of 22.5% for Roux's post-morbid future loss of earnings—a figure contested by the RAF but ultimately deemed by the court to better reflect the risks surrounding Roux's continued employability and health concerns. The presiding judge referenced various legal principles regarding contingencies in personal injury claims, reiterating that future earning capacity is speculative and necessitates careful judicial discretion in calculations.
Among the expert witnesses referenced in the judgment were several medical professionals who provided insights into Roux's physical and cognitive impairments stemming from the accident. Their assessments indicated that Roux's injuries severely affected his cognitive functions, memory retention, and overall capacity to perform under the demands of his previous role in the air traffic control sphere. These evaluations contributed significantly to the determination of the appropriate compensation.
Furthermore, while Roux received significant reparations, his claims for past medical expenses and general damages have been postponed for future adjudication.
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