Ex-golfer’s general damages to be determined
Former golfer Teagan Gauche – who said he was compelled to retire from professional golf in 2022 due to persistent physical limitations arising from a car accident – has claimed more than R17m from the Road Accident Fund (RAF).
A Cape Argus report says Gauche turned to the Gauteng High Court (Pretoria) after he suffered severe injuries in December 2013 when he had to swerve out of the way for an oncoming taxi.
According to Gauche, he was forced to retire from golf in 2022 as a result of his injuries.
At the time of the crash, he was a 21-year-old amateur golfer. He had to take two years off after the accident and was obliged to withdraw from events owing to pain. He further told the court that he became a professional golfer and played professionally from 2017.
He stopped his professional golfing career in 2022 due to his injuries, he said.
He claimed that he was expected to become a professional golfer in 2014, adding that the accident delayed his transition to professional status, which only materialised in 2017.
However, Acting Judge PD Kekana aid the evidence does not support this timeline.
The neurosurgeon recorded that Gauche resumed playing golf in 2014 and was competing professionally by 2015. The industrial psychologist and the neurologist also recorded that the plaintiff started playing professionally in 2015.
According to the Cape Argus, the judge said the claim that the plaintiff ’s professional career only commenced in 2017 is, therefore, inconsistent with the medical evidence.
Admittedly, the accident and recovery period may have caused some disruption to his golfing career, but the evidence does not establish that he suffered loss of income because of it, the judge said.
The court found that there is no objective medical evidence substantiating an eye injury caused by the accident.
In light of the contradictions in the medical evidence and the speculative nature of his earnings potential, the plaintiff had failed to prove that he suffered any quantifiable loss of earnings attributable to the accident, the judge said.
While the fund is 100% liable for his proven damages, the court dismissed his claim for loss of earnings.
The other categories of damages – such as general damages – will be determined at a later stage.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
