Staff Reporter
The Free State High Court has awarded a trained chef over R5-million to compensate him for the loss of past and future earnings due to the injuries he sustained in a motor vehicle accident he was involved in on June 28, 2015.
Nicolas Alexander Spyrou filed a lawsuit against the Road Accident Fund (RAF) claiming the injuries had put paid to his dream of ever being employed as a chef as they had rendered him “unable to perform at the required level”.
The injuries he suffered were described by Dr Bruce White, a plastic and reconstructive surgeon, as: a head injury with a degloving wound of the frontal region; trauma of the chest; a laceration of the liver; and a fracture of the left femur.
The plaintiff testified that he was born in South Africa to Cypriot parents and relocated to Cyprus with his mother while still a toddler.
After he completed his basic education studies and mandatory military service, he enrolled at the Culinary Arts School to train as a chef between September 2009 and June 2011.
Spyrou then entered the job market as a chef on a part-time basis, starting out at Gratzie Italian Restaurant from June 2011 to May 2012 before proceeding to Almyra Hotel where he remained from June 2012 until March 2014.
According to him, he was promoted to the level of being in charge of the Greek restaurant at the aforementioned hotel.
When he returned to South Africa to work on the family chicken farm, Spyrou was then involved in the accident.
According to the court papers, unknown to him, at the time that he was still admitted in hospital, he was offered employment at Gold Sakira Japanese Dining Restaurant in Cyprus from 1 August 2015 at a salary of 1 800 euros (R31 085) per month – an offer he was unable to accept.
In his case before the High Court, he argued that the injuries he suffered had rendered him unable to perform as a chef at the required level.
He claimed that the nature of the work was physically demanding and exhausting and that he was “unable to stand for long hours because of the knee injury”.
Spyrou also said he was plagued by frequent dizzy spells and an anxiety disorder, leaving him unable to handle the demands of the job.
At the moment, he is employed by his grandmother as a manager/caretaker of her properties.
After he approached the High Court for compensation, the parties agreed that there was no need to lead evidence in respect of the general damages.
That left the matter to be argued on admitted reports and a determination made on that basis.
The main dispute was about past and future loss of income.
The RAF however claimed it had only made the concession to avoid the immense pressure of spiralling costs of litigation, with the defendant adopting an “armchair critic approach” by simply pointing out some discrepancies or contradictions contained in the admitted reports of the experts.
In his judgment handed down on 1 February, Judge Mpina Mathebula ruled that the defendant was liable for payment to the plaintiff in the amount of R5 038 601.71 in full and final settlement.
For past and future loss of income, Spyrou was awarded R4 457 890.
He also got R250 000 in respect of general damages, as well as R330 711.71 for his claim for past medical and hospital expenses.
The judge ruled that the payment of the capital amount be made without set-off or deduction within 180 days from the date of the granting of the order.