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November trial to determine Lombard liability Lang LLP, has won a $6-million award ($5 million for loss of earning capacity and $1 million in other damages) from a head injury sustained when an intoxi- cated colleague fell on her on a nightclub dance floor, the question lingering in the court is whether the law firm's insurer is liable. "Big judgments are great," says Danicek's lawyer Joe Murphy of Mur- phy Battista. "But they don't mean much if you can't get paid." Murphy, though, has a track record of winning two other $6-million, injury-related awards. While this third $6-million award W indicates what a promising young law- yer might have earned during her career, the aspect that is intriguing many in this case is whether the insurer should accept responsibility. "The liability issue is really interesting," said Murphy, who brought suit against the restau- rant, nightclub, colleague, and law firm plus the firm's insurer Lombard General Insurance Co. of Canada. In Danicek v. Alexander Holburn Beaudin & Lang, Danicek, 32, at the time of the incident was a promising articling student who had attended a firm-spon- sored associates dinner on April 6, 2001 at Rodney's Oyster House. She then went onto Bar None, a Vancouver nightclub with others, including colleague Jeremy Martin Poole. On the dance floor, Poole stumbled backwards falling on Danicek, causing her to hit her head on the floor. Both Poole and Danicek had been drink- ing. Danicek recovered enough to return to work but still suffered from severe headaches and discomfort. She was then in an automobile accident that prevented a full recovery. She subsequently had to give up practising law. Murphy says undisclosed settlements were reached with the nightclub and the restaurant plus the defendant law firm before the case went to court. A Mary hile Michelle Marie Danicek, a one-time articling student at Alexander Holburn Beaudin & Carter agreement was also reached with defendant Poole. "Poole has admitted liability," says Murphy, but Lombard has not admitted Poole was at fault. Murphy says the agreement reached with Poole, who claimed against his homeowner's policy, provided for a third-party claim against Lombard. The arrangement pro- vided for Poole to testify on Danicek's behalf. A second action arises from a motor vehicle accident, which occurred on the Lions Gate Bridge on June 29, 2002. The plaintiff 's vehicle was struck from behind by the vehicle owned by Pao Fu Li and operated by Susan Shou Yee Li. Liability is admitted by these defendants. An award of $10,595 was set out in the judgment. A third action to be decided around liability is a dispute between Co-opera- tors General Insurance Co. (the hom- eowner policy holder) and Lombard. "The issues between them concern the interpretation of Lombard's policy of insurance and the question of whether Lombard's policy of insurance applies in the circumstances of this case," the Supreme Court of B.C.'s reasons state. The liability issues centre around whether Lombard's policy covers asso- ciate events, whether it applied in this circumstance, and whether Poole's third-party claim will be honoured. "I think the Lombard is obliged to cover the claim when you look at the word- ing of the policy. There is no middle ground," says Murphy. — JS Annotated British Columbia Mineral Tenure Act Second Edition An established resource with new content and a new format This book provides a clear and authoritative interpretation of the B.C. , and the principal regulations under the Act, with case annotations and commentary. It also includes extracts from the General Survey Instruction Rules dealing with the survey of mineral claims and mining leasing – material you won't find together anywhere else. Features and benefits include: • Annotated and un-annotated versions of the and key regulations Order your copy today Perfectbound • Approx. 300 pp. September 2010 • Approx. $90 P/C 0127010002 ISBN 978-0-88804-513-3 • Case annotations - illustrate the judicial interpretation of individual provisions • Legislative history notes - track the evolution of the provisions of the Act and key regulations canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. CL1010 Prices subject to change without notice, to applicable taxes and shipping & handling. www. C ANADIAN Law ye rmag.com OC T OBER 2010 13 Gregory G. Blue, Q.C. Mineral Tenure Act Mineral Tenure Act ... and more