38
b)
pursuant to the case law of the Court, establishment of lost earnings
should take into account what the family’s activities were and what
were the consequences of the death of the victim on them; on the
other hand, the State objected to the amount claimed for lost income
of Walter David Bulacio; it is unrealistic for him to have a salary of
US$400.00 (four hundred United States dollars), because as a caddie,
as the internal file shows, “he did not work under a direct relationship
of dependence, for which reason he did not have fixed hours nor a
salary.” Furthermore, youth Bulacio would not spend only 25% of his
income, that is, US$100.00 (one hundred United States dollars) and
save the rest;
c)
as regards compensation for Walter David Bulacio’s “lost chance,” the
Commission conducts a purely hypothetical analysis when it states that
he had a great probability of increasing the amount of his income by
completing secondary studies and beginning a college career, and that
it was foreseeable that he would enter the university and obtain a
higher degree; this Court has set forth that it is necessary to have
sufficient grounds to establish probable realization of the damage, and
in the instant case there is insufficient evidence to demonstrate “lost
chance;” and
d)
the State declared that it will accept what the Commission
demonstrates, at the appropriate time, with respect to expenses
incurred by the family.
Considerations of the Court
a)
Lost earnings
84.
The representatives of the victim and the Inter-American Commission
requested compensation for the Walter David Bulacio’s lost earnings, based on the
monthly salary that he received as a caddie at the golf course. This Court deems
that it has been proven that youth Bulacio received a monthly income of $400 (four
hundred pesos), equivalent to US$400.00 (four hundred United States dollars);
however, it deems that given the nature of the activity he did not receive a
complementary salary, as his income came from tips given by the clients. The Court
also deems that it is reasonable to assume that youth Bulacio would not have carried
out this activity the rest of his life, but there is no certain fact that makes it possible
to ascertain the activity or profession that he would have exercised in the future,
that it, that there are insufficient grounds to establish the loss of a definite chance,
which “must be estimated on the basis of certain damage with sufficient grounds to
establish the probable realization of said damage.”56 Due to the above, the Court
decides to set, in fairness, US$100,000.00 (one hundred thousand United States
dollars) as compensation for Walter David Bulacio’s lost earnings.
85.
With respect to inheritance of the right to compensation in favor of Walter
David Bulacio, this Court has developed applicable criteria to the effect that: the
56
Cf., Castillo Páez Case, Reparations, supra note 26, para. 74.
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