De Jongh v Du Pisanie NO

The respondent acted as curator ad litem for Mr J G Rabe, who suffered severe bodily and brain injuries in a motor vehicle accident on 9 July 1993 while a passenger in a vehicle driven by the appellant. Liability was decided against the appellant and was no longer in dispute. The proceedings before the Cape High Court concerned only the quantification of damages. Mr Rabe sustained multiple orthopaedic injuries and serious brain damage, resulting in personality changes, epilepsy, cognitive impairment, loss of employment, and permanent incapacity to earn a living. The trial court awarded damages totalling R5 697 388.14, including substantial future medical and care costs, loss of earnings, general damages, and curator bonis fees. The appellant appealed to the Supreme Court of Appeal against aspects of the quantum.

The appeal was partially upheld. The total amount of damages awarded by the trial court was reduced, and the order was amended to reflect lower amounts for future care costs and general damages.

The case is a leading South African authority on the quantification of damages for severe brain injuries, particularly regarding future care costs and general damages. It clarifies that courts must award compensation based on reasonable necessity rather than ideal or luxurious care models and affirms the appellate court’s role in correcting materially excessive awards.