Read the full judgment text of CACV 000131/1988 on BabelCite. This Court of Appeal judgment was delivered on 28 February 1989 before Cons, V.-P., Clough & Power, JJ.A..
Damages – fatal accident – assessment of earnings – multiplier – free balance – appeal – Court of Appeal – truck driver killed by falling container – earnings at time of accident – whether Master erred in using last month's earnings instead of average – upward trend in earnings justified – estimated earnings at trial – comparison with comparable employees – evidence of assistant manager reliable – post-trial free balance – whether Master erred in increasing from 64% to 70% – son's disability – speculative but not unreasonable – appeal dismissed.
Legal issues: Assessment of earnings at time of accident · Assessment of estimated earnings at time of trial · Post-trial free balance adjustment
Outcome: Appeal dismissed; Master's award of damages affirmed.