Glenn Marc Bee v The Road Accident Fund

The appellant, Glenn Marc Bee, was injured on 24 November 2007 when he was knocked down by a motor vehicle while cycling. He sustained severe injuries and was hospitalised until December 2007, returning to work on an ad hoc basis in January 2009. At the time of the accident he was a 50% member of Bee Painters and Waterproofing CC, jointly owned with his brother. He played a key role in generating business and managing projects. Although the merits of liability were conceded by the Road Accident Fund, quantum remained in dispute. The trial court awarded damages including amounts for past and future loss of earnings. The respondent successfully appealed to the full court, which set aside the loss of earnings awards. The appellant then appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the full court was set aside and replaced. The award for future loss of earnings was reduced from R7 532 400 to R7 061 625, while the remainder of the trial court’s order was left intact. Costs orders were adjusted accordingly.

This judgment is significant for clarifying how loss of earning capacity may be assessed where a claimant is a shareholder or member of a business entity. It confirms that corporate profits may be used as a measure of personal earning capacity in appropriate cases. The case also provides important guidance on the evidentiary status of joint expert minutes, reaffirming that courts are not bound by them where they are unreliable, and clarifies the application of the collateral source rule in RAF matters.