Road Accident Fund v Klisiewicz

The respondent, a Polish-born neurosurgeon who emigrated to South Africa in 1991, was seriously injured in a motor vehicle accident in 1995. As a result, he became incapable of practising as a medical doctor in any capacity. Liability was agreed at 75% in his favour. The High Court assessed his damages, including R4 810 709 for loss of earning capacity, on the basis that he would probably have passed the requisite specialist examinations, registered as a neurosurgeon, and entered private practice in Johannesburg. The Road Accident Fund appealed against the quantum awarded for loss of earning capacity, while the respondent cross-appealed, seeking an increase and an attorney-and-own-client costs order.

The appeal against the award for loss of earning capacity was dismissed. The cross-appeal seeking an increased award and attorney-and-own-client costs was also dismissed. The High Court’s assessment and costs order were upheld.

The case is significant for its reaffirmation of principles governing the assessment of loss of earning capacity, particularly that future possibilities—not only probabilities—may be considered once incapacity is established. It also underscores strict compliance with procedural rules relating to expert evidence and confirms appellate deference to trial courts in matters of quantum and factual evaluation.