Trusha Chesney Naidoo was a passenger in one of the vehicles, when the collision occurred on Athol Road in Highlands North, Johannesburg, on July 16, 2009.
After a lengthy legal battle, a South Gauteng High Court has ordered the Road Accident Fund to pay R850,000 to Trusha Chesney Naidoo for severe injuries sustained in a 2009 car crash.
According to the recent judgment, Naidoo, was a passenger in one of the vehicles, when the collision occurred on Athol Road in Highlands North, Johannesburg, on July 16, 2009.
At the time, Naidoo, who was represented by advocate Docrati in the capacity as curator ad litem, instituted action against the RAF for damages of more than R7.4 million.
This included R110,000 for past hospital and medical expenses; R6,590,827 for future loss of income inclusive of further loss of employability, and R700,000 for general damages.
The RAF had conceded liability, and all damages except general were expedited. Naidoo was awarded R6,300,436 for past and future loss of earnings on December 13, 2016.
However, the judgment was taken to the review court, where it was declared that Naidoo’s injuries were serious and that she was entitled to general damages.
During the initial trial, various experts provided reports on the extent and impact of her injuries.
Dr Edward Schnaid, an orthopaedic surgeon, said Naidoo, who had been hospitalised for three days, sustained a fractured right radius and ulna; soft tissue injury of the cervical spine; soft tissue injury of the lumbar spine; and a head injury with loss of consciousness for a few minutes.
He said she had suffered with pain in the cervical spine, lumbar spine and her right forearm as well as headaches.
Schnaid said she could not walk long distances or sit or stand for long periods or run. She could not climb stairs and lift or carry heavy objects. She was depressed and experienced pins and needles in her right hand.
He said prior to the accident, Naidoo used to swim.
“This she no longer does. She can manage daily household chores, although with difficulties.”
Chris Sampson, a clinical psychologist and neuropsychologist, said Naidoo was left more vulnerable than before the accident.
Dr Conrad Visser, a psychiatrist, said Naidoo was a psychologically vulnerable individual before the accident, although overt pathology had not manifested.
“The emotional and behavioural disturbances in keeping with Borderline Personality emerged following the psychological trauma of the accident and her responses to physical injury, like the loss of her ability as a swimmer. At the time of her examination in 2016, her emotional and behavioural disturbances were serious.”
Anoett Rossouw, an occupational therapist, said Naidoo was a competitive swimmer at the time and due to the injury to the right arm was unable to continue at the pre-morbid level and she eventually gave up despite several attempts to resume participation in the sport.
“She feels it caused disruption to her future and professional swimming career. It is conceivable that with the limited range of motion at the arm that her strokes would be affected…”
According to the court papers, Naidoo filed a notice in terms of rule 28(10) of the Uniform Rules of Court (URC) to amend the quantum claim for general damages from R700,000 to R1.6million on October 29, 2024.
During the court proceedings, Naidoo’s legal representative argued that the RAF would not suffer any prejudice considering that it had not made any offer to the plaintiff.
However, the RAF’s legal representative opposed the proposed amendment. They argued that the RAF would suffer prejudice and further that the application was defective in that it was not compliant with rule 28(1) of the URC.
According to the court papers, Naidoo’s representative further submitted that despite the RAF’s objections, the review court judge had found in her judgment that her injuries were severe.
Acting Judge Livhuwani Vuma, in her judgement said based on the summary of evidence that was before her, she was satisfied that Naidoo sustained the following injuries: fractured distal right radius and ulna and soft tissue injuries of the cervical and lumbar spine.
“As per Dr Conrad Visser, in addition to the other experts, I find that Trusha’s account is consistent with the occurrence of mild concussive head injury.
“Having had regard to the cases relied on by both parties and their respective submissions for and/or against same, particularly in regard to the injuries sustained by the plaintiff (Naidoo) and their sequelae, I am satisfied that an amount of R850,000 for general damages would be a fair and reasonable award under the circumstances,” she said.