Danicek v. AHBL: Looking Beyond the Headlines


Last year reasons for judgement were released by the BC Supreme Court, Vancouver Registry, assessing damages for personal injuries at over $5.9 million dollars.
The case received a lot of publicity.  The size of the assessment and the facts underlying the case  (one lawyer fell on another lawyer while dancing at a nightclub) were some of the reasons why this case received so much press.
However, looking behind the headlines gives a better (and less sensational) account of a story of compensation for longstanding and debilitating injury.
The Plaintiff’s damage assessment at a quick glance appears high, however, she suffered a traumatic brain injury as a result of the incident.  The Court found that she would never work competitively as a lawyer again.  The lion’s share of the damage assessment was intended to compensate the young lawyer for a lifetime of lost earnings.
Of greater significance was the fact that the Plaintiff never received anywhere near the assessed $5.9 million in damages from the personal Defendant.   Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, (Danicek v. Alexander Holburn Beaduin & Lang) revealing the rest of the story.
As the high profile case was being tried an underlying battle was being fought between the Plaintiff, Defendant and various insurance companies about coverage.
The Defendant, Jeremy Martin Poole, agreed to pay the Plaintiff just over $1,000,000 of the damages.  This money was obtained from an insurance company that agreed that coverage was in place based on the allegations.  A seperte insurer, whose policy provided $5,000,000 in coverage, denied payment arguing that this type of lawsuit fell outside the scope of their coverage.  This issue went to trial and in today’s reasons Mr. Justice Kelleher sided with Lombard Insurance finding that they did not have to pay any part of the damage assessment to the Plaintiff.
What’s left when all the dust settles is something far less sensational than what early headlines would lead people to believe.  Ultimately a brain injured plaintiff has received less than complete compensation for the long-standing consequences of traumatic brain injury.

bc injury law, Danicek v. Alexander Holburn Beaudin & Lang, Insurance Coverage, mild traumatic brain injury, Mr. Justice Kelleher

Comments (43)

  • I do trust all the ideas you have introduced in your post. They are really convincing and can definitely work. Nonetheless, the posts are very quick for beginners. Could you please lengthen them a bit from next time? Thanks for the post.

  • Howdy! This is my first visit to your blog! We are a team of volunteers and starting a new initiative in a community in the same niche. Your blog provided us useful information to work on. You have done a outstanding job!

  • Wonderful goods from you, man. I have understand your stuff previous to and you’re just extremely magnificent. I really like what you’ve acquired here, really like what you’re stating and the way in which you say it. You make it enjoyable and you still take care of to keep it wise. I can not wait to read much more from you. This is really a tremendous website.

  • I have seen lots of useful issues on your website about personal computers. However, I’ve the thoughts and opinions that notebooks are still not quite powerful sufficiently to be a good choice if you often do jobs that require plenty of power, such as video croping and editing. But for website surfing, word processing, and most other popular computer functions they are fine, provided you do not mind the screen size. Appreciate sharing your thinking.

  • Wow, amazing weblog format! How long have you ever been blogging for? you made blogging look easy. The entire look of your web site is wonderful, let alone the content material!

  • Great post. I was checking continuously this blog and I’m impressed! Extremely helpful info specially the last part 🙂 I care for such info much. I was seeking this certain info for a very long time. Thank you and good luck.

  • The root of your writing while appearing agreeable in the beginning, did not settle very well with me personally after some time. Somewhere throughout the paragraphs you managed to make me a believer unfortunately just for a very short while. I however have a problem with your jumps in logic and one might do nicely to fill in those breaks. If you actually can accomplish that, I would surely be impressed.

  • Wow that was unusual. I just wrote an extremely long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say excellent blog!

  • Greetings! I’ve been following your site for a while now and finally got the bravery to go ahead and give you a shout out from Houston Tx! Just wanted to tell you keep up the fantastic work!

  • I simply wished to appreciate you all over again. I’m not certain what I would’ve achieved without the entire opinions shared by you directly on that area. It actually was an absolute challenging circumstance in my opinion, but noticing the very specialised tactic you solved it forced me to jump over happiness. I’m just happy for the guidance and even hope you find out what a great job that you are getting into educating many people all through your websites. Most probably you’ve never come across any of us.

  • Hey there would you mind letting me know which hosting company you’re using? I’ve loaded your blog in 3 completely different web browsers and I must say this blog loads a lot faster then most. Can you suggest a good hosting provider at a honest price? Thank you, I appreciate it!

  • I’m curious to find out what blog system you have been using? I’m experiencing some minor security problems with my latest blog and I would like to find something more risk-free. Do you have any recommendations?

  • I am so happy to read this. This is the kind of manual that needs to be given and not the accidental misinformation that is at the other blogs. Appreciate your sharing this greatest doc.

  • This is very interesting, You are a very skilled blogger. I have joined your feed and look forward to seeking more of your wonderful post. Also, I’ve shared your website in my social networks!

  • Thanks for a marvelous posting! I definitely enjoyed reading it, you may be a great author.I will remember to bookmark your blog and will come back very soon. I want to encourage that you continue your great writing, have a nice weekend!

  • Pretty nice post. I just stumbled upon your weblog and wanted to say that I have truly enjoyed browsing your blog posts. In any case I’ll be subscribing in your feed and I’m hoping you write again very soon!

  • I was just seeking this information for a while. After 6 hours of continuous Googleing, finally I got it in your site. I wonder what is the lack of Google strategy that do not rank this kind of informative web sites in top of the list. Generally the top websites are full of garbage.

  • Hey There. I discovered your blog using msn. This is an extremely well written article. I’ll make sure to bookmark it and return to read more of your helpful information. Thanks for the post. I will definitely return.

  • Great – I should certainly pronounce, impressed with your website. I had no trouble navigating through all tabs as well as related info ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or something, web site theme . a tones way for your customer to communicate. Excellent task.

  • You actually make it seem so easy together with your presentation however I to find this topic to be really something that I think I might by no means understand. It seems too complicated and very large for me. I am looking forward for your next post, I¡¦ll attempt to get the hold of it!

  • My brother recommended I might like this blog. He was totally right. This post truly made my day. You cann’t imagine just how much time I had spent for this info! Thanks!

  • Simply want to say your article is as astonishing. The clarity in your post is simply spectacular and i could think you’re a professional in this subject. Well with your permission let me to take hold of your RSS feed to stay updated with forthcoming post. Thank you 1,000,000 and please carry on the gratifying work.

  • I’ll immediately grasp your rss feed as I can’t in finding your e-mail subscription hyperlink or e-newsletter service. Do you have any? Please permit me know so that I may just subscribe. Thanks.

  • I delight in, lead to I discovered exactly what I was having a look for. You’ve ended my four day lengthy hunt! God Bless you man. Have a great day. Bye

  • I have to show my passion for your generosity giving support to men who have the need for assistance with this important situation. Your special dedication to getting the solution up and down turned out to be particularly important and has all the time permitted most people just like me to attain their aims. Your entire interesting suggestions entails a lot a person like me and even further to my office colleagues. Thank you; from everyone of us.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer