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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