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ARTICLE · 02 NOVEMBER 2021

The Thespian's Toe's vs RAF

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An injury to a person's toes would not necessarily be regarded as a serious injury in a claim against the Road Accident Fund, unless you are a male thespian.

South AfricaLitigation, Mediation & Arbitration
Thembi Khoza
Thembi Khoza
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An injury to a person's toes would not necessarily be regarded as a serious injury in a claim against the Road Accident Fund, unless you are a male thespian.

A thespian was a passenger in a motor vehicle collision as a result of which he suffered open right metatarsal fractures and a malunion of the right little toe metatarsal head.

A claim was thereafter instituted against the Road Accident Fund in terms of section 24 of the Road Accident Fund Act 56 of 1996.

In quantifying the claimant's damages, he was referred to various experts, including an orthotist. Following an analysis of the claimant's posture and movement, using the zebris FDM-T System, light was shed on the effects of the injuries suffered by claimant, more specifically his ability to perform his pre – morbid occupation, as a thespian.

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