Read the full judgment text of CACV 000130/1987 on BabelCite. This Court of Appeal judgment was delivered on 23 December 1987 before Cons, V.-P., Barker, J.A. & Penlington, J..
Personal injury – assessment of damages – running down action – mother killed outright, father and ten-month-old daughter extensively injured – liability settled in 1983, damages assessed 1987 – whether general damages for infant daughter excessive – whether father's pre-accident earnings figure of $1,200 per month supported by evidence – whether loss of earning capacity established – whether LARCO 'lost years' award inconsistent with Fatal Accidents Ordinance dependency award – whether $30,000 paid to grandparents for children's upkeep recoverable under LARCO in light of s.20(2) Fatal Accidents Ordinance – 'lost years' – 'lost damages' – Fatal Accidents Ordinance s.20(2)(b)(ii) – Moeliker v. A. Reyrolle & Co. Ltd. – Donnolly v. Joyce – appeal allowed in part – daughter's general damages reduced from $65,000 to $45,000 – father's pre-trial earnings reduced to $132,666.55 – $30,000 award for payments to grandparents set aside as not recoverable for the benefit of the deceased's estate.
Legal issues: Assessment of general damages for infant daughter's pain, suffering and loss of amenities · Father's pre-trial loss of earnings - basis for assessing potential earnings · Whether loss of earning capacity was established · Recoverability of payments to grandparents for children's upkeep under LARCO · Consistency between LARCO lost years award and Fatal Accidents Ordinance dependency award
Outcome: Appeal allowed in part. General damages for the daughter reduced from $65,000 to $45,000. Father's pre-trial loss of earnings reduced to $132,666.55. The $30,000 award in respect of payments to grandparents disallowed as irrecoverable under LARCO by reason of s.20(2) of the Fatal Accidents Ordinance. Loss of earning capacity award of $10,000 and the LARCO lost years and Fatal Accidents Ordinance dependency awards left undisturbed.