Case Number
CA 11152/04
Date Decided
10-16-2006
Decision Type
Appellate
Document Type
Full Opinion
Abstract
Facts: The appellant in CA 11152/04 (‘the appellant’) was injured in a road accident. As a result of the accident, his sexual functioning was impaired. The main issue addressed by the court regarded the compensation awarded to the appellant for the use of escort services.
Held: The appellant did not succeed in proving, from a factual viewpoint, a need for resorting to escort services. In addition, the law of compensation does not recognize the possibility of pecuniary damages for the expenses of using escort services. Compensation for impairment of sexual functioning can be awarded for pecuniary loss, i.e. expenses for medications and recognized therapies. It can also be awarded for non-pecuniary loss that is expressed in the pain and suffering of the injured person that arises from the impairment. Pecuniary compensation should also not be awarded for the use of escort services for reasons of public policy, in view of the many problems of criminality that are associated with the ‘prostitution industry’ in Israel, and especially trafficking in women for the purposes of prostitution, which have significantly increased in the last decade.
Keywords
Torts -- Compensation
Recommended Citation
Rivlin, Eliezer; Barak, Aharon; and Beinisch, Dorit, "A v. Migdal Insurance Company Ltd." (2006). Translated Opinions. 7.
https://larc.cardozo.yu.edu/iscp-opinions/7
