Former golfer fails in bid to sue RAF for R17m ' life-altering injuries'

DAMAGES

A FORMER golfer who said he was compelled to retire from professional golf in 2022 due to persistent physical limitations arising from a car accident, was dealt a blow when the court turned down his R15 million against  Road Accident Fund (RAF) for estimated loss of earnings.

Teagan Gauche turned to the Gauteng High Court, Pretoria, claiming more than R17 million from the RAF for the severe injuries in December 2013. The incident happened  while driving when he had to swerve out of the way for an oncoming taxi. His vehicle landed on its roof.

Included in his damages claim against the fund is a claim for R15 million for estimated loss of earnings.

According to Gauche, he was forced to retire from golf in 2022 as a result of his injuries. Gauche sustained a fracture-dislocation of the cervical spine and a neck injury among other injuries.

He said he had a bright golfing future at the time, and if it was not for the accident, he would have earned a lot of money from golfing.

At the time of the collision, he was a 21-year-old amateur golfer. He had to take two years off after the collision 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.

An industrial psychologist, one of many medical experts who submitted reports to the court, stated that Gauche’s income from professional golfing fell significantly in 2021, a year before he retired.

She said he was unable to participate in the PGA tour (a 12-month golfing season) owing to Covid-19 restrictions.

She concluded that Gauche could have advanced to the level of a professional golfer with an equivalent high international ranking (probably a PGA player Midpoint).

Gauche testified that he was ranked among the top four amateur golfers in South Africa  at the time of the accident.

He claims 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.

Acting Judge PD Kekana, however, said 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.

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.

His coach stated that the plaintiff was on the brink of turning professional at the time of the accident. He compared Gauche’s potential to that of established professionals.

However, he stated that the plaintiff’s golfing performance was negatively impacted by a neck injury affecting his swing and a blind spot in his left eye affecting his short game.

However, the court has found that there was 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 judge found that the plaintiff had failed to prove that he suffered any quantifiable loss of earnings attributable to the accident.

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.

Cape Times