From front

A2 - The Terrace Standard, Wednesday, October 23, 2002

Family awarded $1 00,000
from death of daughter

“You'te being asked to antici-
pate facts have not happened and
because of her death will not
happen,” Wirsig told the jury.

“It’s our view that the evidence
will establish that Laura Lee was a
dutiful caring daughter,” he said,
adding that she likely would have
cared for her parents ‘well into their
old age.

Witnesses including her parents,

former teachers and friends testi-
fied to Laura’s vivacious character,
superior academic standing and her
willingness to help others.

A member of the school band,
an award winning actress and an aspiring writer, Laura
Lee left a lasting impression on those people around her.

It was that testimony which likely tipped the scales in
the favour of the Lees. ‘We did have exceptional
evidence,” said Hanson.

ICBC needs to take a long hard look al how it deter-
mines payouts in these types of cases, he said.

“It seems to me, ta get the same amount of money for
whiplash or the death of a child is a mistaken allocation

Renaud
Fontaine

of resources of the universal public insurance company,”
Hanson said.

“What [ICBC] refused to do in our case was look at
the individual circumstances of Laura Lee and her
parents.”

ICBC had aggressively lobbied to have the trial heard
in Wancouver by a judge alone, but that application was
denied.

‘Having the trial in Terrace and heard by a jury may
have had an effect on the outcome.

“I think i! made a difference having it in a small town
where the jury could relate to the values and lifestyles of
a small town,” Hanson said.

The defence has 30 days to appeal the award and
Hanson said ICBC’s lawyer, Scott Stewart, has already
told him to expect that possibility.

If the award is appealed, Hanson and Wirsig are con-
fident the jury’s decision would be honoured,

“7 believe that this award would be upheld in the
court of appeal,” Wirsig said. “[Laura] had a unique
character and unique family circumstances.”

Fontaine arrived in the middle of 1998 to spend a
year in Terrace where he attended Caledonia Secondary
School. He came to Terrace as part of the Rotary club’s
international student exchange program.

There’s much more to come

before award Is finally settled

IT WILL take some time
before the Lee family will
know exactly how much of
the $100,000 they were
awarded in their lawsuit
against ICBC will actually
go to them.

In addition to the
$100,000, the Lees are en-
titled to additional taxable
costs, disbursements and
punitive costs.

Disbursements are inci-
dental casts incurred and
paid for by the law firm re-
presenting the plaintiffs for
items such as hiring experts |.
and paying for medical re-
ports. In this case those
costs which the firm in-
‘curred may top $20,000, says lawyer Jim Hanson.

Also required was $600 per day in court cosrts.

The successful litigant in any civil suit is entitled to
costs — a partial contribution to legal expenses deter-
mined by the’ court based on a points, system:

The Lees had made an offer to ICBC on Oct. 7 to set-

Jim Hanson

Monarch

CABLESYSTEMS LTD.

tle out of court for $100,000.

ICBC came back with a counter offer which the Lee’s
lawyers turned down because it was less than half of the
Lee’s offer, said Hanson. Because ICBC did not accept
the Lee’s offer double punitive costs were also awarded
to the Lees.

“That is a punitive provision aimed at discouraging
parties from turning down reasonable offers,” explained
Hanson. Those costs have yet to be determined.

Once all that is sorted out the Lees will have to pay
their lawyers’ fees — which may be a hefty bill. Like
many of those who file civil lawsuit cases, the Lees re-
tained their counsel based on a percentage of the award.
That percentage is confidential. But none of those fi-
nances will be worked out until it becomes clear whe-
ther or not ICBC will appeal the award decision.

The crown corporation has 30 days to file an appeal.

Vehicles recovered

TERRACE RCMF recovered two vehicles that were sto-
len overnight of Oct. 13-14.

A white Oldsmobile car was taken from Smithers and
found in the city while a red Ford pickup truck stolen

: from Terrace was found along Hwy16 near the Excham-
siks River.

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