Multi-million insurance claim by international opera singer succesfully defended on behalf of Road Accident Fund

In a matter that made media headlines, Natasha Kelly whilst with Lindsay, Keller & Partners, was proud to have represented the RAF in the third largest claim ever brought against this institution. The matter was settled on Thursday, 4 May, in the Transvaal Provincial Division of the High Court in Pretoria.

The Plaintiff, Mrs Böhm, her husband and their two children were injured and their au pair was killed in a head-on collision that took place near Nylstroom on 21 April 1990. Mrs Böhm is a German opera singer and was performing as a guest artist at the State Theatre in Pretoria before the accident.

Mrs Böhm initially claimed an amount of R50 000,00 in compensation for her injuries, a claim which was increased to an impressive R26 million after the RAF admitted liability for the claim. Various disputes with her former attorneys complicated the matter and eventually the claim was settled on the second day of the trial for the payment of two amounts: R267.231 and €584.426.

The trial would have been lengthy — with some 19 experts lined up to give evidence for both sides in an effort to determine the extent of the impact that the accident has had on the Plaintiff and her earning capacity.

“This was the most difficult aspect of the matter”, says Natasha Kelly. “Because very few opera singers become real stars, it was difficult to assess what the impact has been of Mrs Böhm’s injuries on her career. There is no limit to the earning capacity of some superstars, but then again there are many opera singers in Germany that are currently unemployed”.

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