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Appeal in a medical malpractice damages case about investment management fees and tax gross-up. The Court reduced the management fee award and upheld the gross-up methodology.
The court gave directions on gross-up and management-fee assumptions in a settled medical malpractice case, including inflation, tax credits, investment advice, and actuarial method.
The Court of Appeal upheld a damages award in a medical negligence case, finding the trial judge’s approach to future care, tax gross-up, management fees, and life expectancy was supported by evidence.
Court of Appeal held that deleting overtime from pensionable earnings did not adversely affect accrued benefits under the plan and dismissed the appeal.
Court accepted plaintiffs' actuarial approach using the modified sole dependency (Basis B) for PMU, accepted Tarrel's assumptions on deceased's promotion, gross-up method and remarriage contingencies, awarded specified non-pecuniary and pecuniary damages and set total award at $1,051,513.19 (after deduction of $12,000 Section B benefits); costs reserved.
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