Case Number
CA 10064/02
Date Decided
9-27-2005
Decision Type
Appellate
Document Type
Full Opinion
Abstract
Facts: The respondent was injured in a road accident when she was five months old. The district court, in assessing her damages for loss of earning capacity, took into account the respondent’s ethnic origin and her socio-economic background. The proper method of calculating this head of damage is the focus of the dispute between the parties.
Held: Damages for an injured minor's loss of earning capacity should be computed according to the presumption that the minor would have earned the equivalent of the national average wage, regardless of sex, religion, ethnicity, etc.. This presumption can be rebutted only when there is evidence of considerable weight, showing that there is a high probability that the minor would have entered a certain profession in the future.
Keywords
Torts -- Compensation
