2011-UNAT-117, Lutta
The Appellant appealed the amount of compensation awarded for loss of chance. UNAT noted that there was no set way for the trial court to set damages for loss of chance of promotion and that each case turned on its facts. UNAT noted that it would generally defer to the trial court’s discretion. UNAT did not accept the Appellant’s argument that the trial court was required to assess the percentage chances that he would have been selected: UNAT held that while it had approved that procedure as one method of assessing damages, it respected the opinion of the trial judge as to how to determine...