An Eastern Cape man has successfully sued the Road Accident Fund (RAF) for R4.7-million after an accident left him incapacitated.
Marshall Dolf of Port Elizabeth sustained injuries in an collision on March 24 2009.
He alleged the collision was due to negligence in that the driver of the vehicle in which he was travelling fell asleep.
Dolf, 31, suffered injures to several parts of his body including a fractured leg and pelvic girdle, cuts and bruises.
The Port Elizabeth High Court heard from Dr Peter Whitehead and Natasha Gerber, industrial psychologists, that Dolf was a truck driver but could no longer work due to the injuries sustained in the collision.
“We agree that it is improbable that Mr Dolf will secure permanent employment in any capacity in the open labour market again, as his occupational choices have been severely restricted.
“Any employment he may find will have to be based on sympathy,” the psychologists said.
“We thus agree that Mr Dolf has been significantly compromised in the accident under discussion. It is not foreseen that this situation will improve into the future until retirement age,” they said.
The industrial psychologists further said they anticipated that even after retirement, Dolf would have probably done contract work after the age of 65.
The RAF agreed to pay R500000 for general damages which, Dolf accepted.
Judge Judith Roberson said: “I do not place a great deal of weight on merely a possibility of work beyond 65 but I cannot ignore it,” she said.
Roberson ordered that the total amount to be awarded for past and future loss of earnings was R4 204 806.
“ shall furnish with an undertaking in terms of the Road Accident Fund Act, for 100% of the costs of future accommodation of Dolf in a hospital or nursing home, or treatment of or rendering of a service to him or supplying of goods to him arising out of the injuries sustained by him in the collision on 24 March 2009,” judgment read in part. — siyab@dispatch.co.za
Accident victim wins R4.7m suit
Marshall Dolf of Port Elizabeth sustained injuries in an collision on March 24 2009.
He alleged the collision was due to negligence in that the driver of the vehicle in which he was travelling fell asleep.
Dolf, 31, suffered injures to several parts of his body including a fractured leg and pelvic girdle, cuts and bruises.
The Port Elizabeth High Court heard from Dr Peter Whitehead and Natasha Gerber, industrial psychologists, that Dolf was a truck driver but could no longer work due to the injuries sustained in the collision.
“We agree that it is improbable that Mr Dolf will secure permanent employment in any capacity in the open labour market again, as his occupational choices have been severely restricted.
“Any employment he may find will have to be based on sympathy,” the psychologists said.
“We thus agree that Mr Dolf has been significantly compromised in the accident under discussion. It is not foreseen that this situation will improve into the future until retirement age,” they said.
The industrial psychologists further said they anticipated that even after retirement, Dolf would have probably done contract work after the age of 65.
The RAF agreed to pay R500000 for general damages which, Dolf accepted.
Judge Judith Roberson said: “I do not place a great deal of weight on merely a possibility of work beyond 65 but I cannot ignore it,” she said.
Roberson ordered that the total amount to be awarded for past and future loss of earnings was R4 204 806.
“ shall furnish with an undertaking in terms of the Road Accident Fund Act, for 100% of the costs of future accommodation of Dolf in a hospital or nursing home, or treatment of or rendering of a service to him or supplying of goods to him arising out of the injuries sustained by him in the collision on 24 March 2009,” judgment read in part. — siyab@dispatch.co.za
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