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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents