No basis for abandoning standard aggravated damages in connection with grossly negligent homicide
Supreme Court judgment 5 June 2023, HR-2023-1035-A, (case no. 23-007864SIV-HRET), civil case, appeal against judgment.
I. A (Counsel Odd-Rune Torstrup) v. B, C, D (Counsel Silje Elisabeth Stenvaag)
II. B, C, D (Counsel Silje Elisabeth Stenvaag) v. A (Counsel Odd-Rune Torstrup)
A car driver had run a red light and collided with a scooter. The scooter driver was killed instantly. The car driver was convicted in the District Court and the Court of Appeal of grossly negligent homicide of the scooter driver. In the Court of Appeal, he was also sentenced to pay aggravated damages to each of the deceased's spouse and two adult children of NOK 170,000, corresponding to 1.5 times the basic amount of the National Insurance Scheme (G), see section 3-5 of the Compensatory Damages Act. The Supreme Court maintained that the standard compensation for grossly negligent homicide must be linked to G at the time of the conviction. Such an arrangement will reflect the general wage and wealth development, will be easy to implement and contribute to equal treatment over time. There were no circumstances that gave grounds for setting the aggravated damages higher or lower than the norm of 1.5 G. As a result of the adjustment of G with effect from 1 May 2023, the aggravated damages were set at NOK 180,000 for each of those left behind.
Read the whole judgment (Norwegian only)
Area of law: Tort law. Aggravated damages.
Key paragraphs: 28, 31, 33 og 39
Justices: Øie, Matheson, Falch, Høgetveit Berg og Elsheim