Bike courier 'pummelled' by road rager awarded $22,500 - Cycling Mob: Road Cycling, Mountain Biking and More

08-31-2004, 12:51 PM

This happened in Zoot's neck of the woods, Vancounver, BC:

"Bicycle courier Andrei Stadnyk had just ended his second week on the job and
was heading home on one of the "ugliest" days of the year, with the cold
biting and the rain pelting down.

"It got worse. A vicious road-rage encounter with an angry BMW driver left him
with a steel plate in his fractured jaw and permanently altered the course of
his life...."

The rest is here:

[Only registered and activated users can see links. ]

Is Canada so different fromt he U.S. that the damages awarded are that low? It
seems to me that the courier has a legitimate need for much more. The rest of
his life is ****ed up.

--
Kevan Smith
[Only registered and activated users can see links. ]

08-31-2004, 03:56 PM

Kevan Smith wrote:
> This happened in Zoot's neck of the woods, Vancounver, BC:
>
> "Bicycle courier Andrei Stadnyk had just ended his second week on the job and
> was heading home on one of the "ugliest" days of the year, with the cold
> biting and the rain pelting down.
>
> "It got worse. A vicious road-rage encounter with an angry BMW driver left him
> with a steel plate in his fractured jaw and permanently altered the course of
> his life...."
>
> The rest is here:
>
> [Only registered and activated users can see links. ]
>
> Is Canada so different fromt he U.S. that the damages awarded are that low? It
> seems to me that the courier has a legitimate need for much more. The rest of
> his life is ****ed up.
>
> --
> Kevan Smith
> [Only registered and activated users can see links. ]

Yes, it is. Courts in Canada have decided that because pain and
suffering is so subjective, they will not usually award money based on
them. Instead, they base awards on actual economic losses and in rare
cases they'll award punitive damages as well. We have Medicare, so he
doesn't have any hospital bills. Maybe some prescriptions, but most of
the damages would have been awarded for missed work, etc.

I think in Canada we hear about huge awards given in the US for
apparently ridiculous claims, and have decided to try and avoid that
happening here.

I don't see in the article where it indicates the rest of his life is
f***ed up. He had a tough time, but he's young. Even after that
incident the article states that he just left his courier job last
month. Now he's going to school. He even seems to have gotten a little
perspective. Sounds more like he's getting his life together.

08-31-2004, 03:56 PM

Kevan Smith wrote:
> This happened in Zoot's neck of the woods, Vancounver, BC:
>
> "Bicycle courier Andrei Stadnyk had just ended his second week on the job and
> was heading home on one of the "ugliest" days of the year, with the cold
> biting and the rain pelting down.
>
> "It got worse. A vicious road-rage encounter with an angry BMW driver left him
> with a steel plate in his fractured jaw and permanently altered the course of
> his life...."
>
> The rest is here:
>
> [Only registered and activated users can see links. ]
>
> Is Canada so different fromt he U.S. that the damages awarded are that low? It
> seems to me that the courier has a legitimate need for much more. The rest of
> his life is ****ed up.
>
> --
> Kevan Smith
> [Only registered and activated users can see links. ]

Yes, it is. Courts in Canada have decided that because pain and
suffering is so subjective, they will not usually award money based on
them. Instead, they base awards on actual economic losses and in rare
cases they'll award punitive damages as well. We have Medicare, so he
doesn't have any hospital bills. Maybe some prescriptions, but most of
the damages would have been awarded for missed work, etc.

I think in Canada we hear about huge awards given in the US for
apparently ridiculous claims, and have decided to try and avoid that
happening here.

I don't see in the article where it indicates the rest of his life is
f***ed up. He had a tough time, but he's young. Even after that
incident the article states that he just left his courier job last
month. Now he's going to school. He even seems to have gotten a little
perspective. Sounds more like he's getting his life together.

08-31-2004, 03:56 PM

Kevan Smith wrote:
> This happened in Zoot's neck of the woods, Vancounver, BC:
>
> "Bicycle courier Andrei Stadnyk had just ended his second week on the job and
> was heading home on one of the "ugliest" days of the year, with the cold
> biting and the rain pelting down.
>
> "It got worse. A vicious road-rage encounter with an angry BMW driver left him
> with a steel plate in his fractured jaw and permanently altered the course of
> his life...."
>
> The rest is here:
>
> [Only registered and activated users can see links. ]
>
> Is Canada so different fromt he U.S. that the damages awarded are that low? It
> seems to me that the courier has a legitimate need for much more. The rest of
> his life is ****ed up.
>
> --
> Kevan Smith
> [Only registered and activated users can see links. ]

Yes, it is. Courts in Canada have decided that because pain and
suffering is so subjective, they will not usually award money based on
them. Instead, they base awards on actual economic losses and in rare
cases they'll award punitive damages as well. We have Medicare, so he
doesn't have any hospital bills. Maybe some prescriptions, but most of
the damages would have been awarded for missed work, etc.

I think in Canada we hear about huge awards given in the US for
apparently ridiculous claims, and have decided to try and avoid that
happening here.

I don't see in the article where it indicates the rest of his life is
f***ed up. He had a tough time, but he's young. Even after that
incident the article states that he just left his courier job last
month. Now he's going to school. He even seems to have gotten a little
perspective. Sounds more like he's getting his life together.

08-31-2004, 03:56 PM

Kevan Smith wrote:
> This happened in Zoot's neck of the woods, Vancounver, BC:
>
> "Bicycle courier Andrei Stadnyk had just ended his second week on the job and
> was heading home on one of the "ugliest" days of the year, with the cold
> biting and the rain pelting down.
>
> "It got worse. A vicious road-rage encounter with an angry BMW driver left him
> with a steel plate in his fractured jaw and permanently altered the course of
> his life...."
>
> The rest is here:
>
> [Only registered and activated users can see links. ]
>
> Is Canada so different fromt he U.S. that the damages awarded are that low? It
> seems to me that the courier has a legitimate need for much more. The rest of
> his life is ****ed up.
>
> --
> Kevan Smith
> [Only registered and activated users can see links. ]

Yes, it is. Courts in Canada have decided that because pain and
suffering is so subjective, they will not usually award money based on
them. Instead, they base awards on actual economic losses and in rare
cases they'll award punitive damages as well. We have Medicare, so he
doesn't have any hospital bills. Maybe some prescriptions, but most of
the damages would have been awarded for missed work, etc.

I think in Canada we hear about huge awards given in the US for
apparently ridiculous claims, and have decided to try and avoid that
happening here.

I don't see in the article where it indicates the rest of his life is
f***ed up. He had a tough time, but he's young. Even after that
incident the article states that he just left his courier job last
month. Now he's going to school. He even seems to have gotten a little
perspective. Sounds more like he's getting his life together.

08-31-2004, 05:13 PM

On Tue, 31 Aug 2004 23:56:12 GMT, Stephen <[Only registered and activated users can see links. ]> wrote:

>Yes, it is. Courts in Canada have decided that because pain and
>suffering is so subjective, they will not usually award money based on
>them. Instead, they base awards on actual economic losses and in rare
>cases they'll award punitive damages as well. We have Medicare, so he
>doesn't have any hospital bills. Maybe some prescriptions, but most of
>the damages would have been awarded for missed work, etc.
>
>I think in Canada we hear about huge awards given in the US for
>apparently ridiculous claims, and have decided to try and avoid that
>happening here.
>
>I don't see in the article where it indicates the rest of his life is
>f***ed up. He had a tough time, but he's young. Even after that
>incident the article states that he just left his courier job last
>month. Now he's going to school. He even seems to have gotten a little
>perspective. Sounds more like he's getting his life together.

Tough crowd here. Doesn't this guy have any buds who could go rip off this
BMW guy's head? I mean where else can you find a judge that will acquit a
guy who does such a beating to a kid? Certainly he'd acquit the buddy that
might put the BMW guy in the hospital, right? <g>

-B

08-31-2004, 05:13 PM

On Tue, 31 Aug 2004 23:56:12 GMT, Stephen <[Only registered and activated users can see links. ]> wrote:

>Yes, it is. Courts in Canada have decided that because pain and
>suffering is so subjective, they will not usually award money based on
>them. Instead, they base awards on actual economic losses and in rare
>cases they'll award punitive damages as well. We have Medicare, so he
>doesn't have any hospital bills. Maybe some prescriptions, but most of
>the damages would have been awarded for missed work, etc.
>
>I think in Canada we hear about huge awards given in the US for
>apparently ridiculous claims, and have decided to try and avoid that
>happening here.
>
>I don't see in the article where it indicates the rest of his life is
>f***ed up. He had a tough time, but he's young. Even after that
>incident the article states that he just left his courier job last
>month. Now he's going to school. He even seems to have gotten a little
>perspective. Sounds more like he's getting his life together.

Tough crowd here. Doesn't this guy have any buds who could go rip off this
BMW guy's head? I mean where else can you find a judge that will acquit a
guy who does such a beating to a kid? Certainly he'd acquit the buddy that
might put the BMW guy in the hospital, right? <g>

-B

08-31-2004, 05:13 PM

On Tue, 31 Aug 2004 23:56:12 GMT, Stephen <[Only registered and activated users can see links. ]> wrote:

>Yes, it is. Courts in Canada have decided that because pain and
>suffering is so subjective, they will not usually award money based on
>them. Instead, they base awards on actual economic losses and in rare
>cases they'll award punitive damages as well. We have Medicare, so he
>doesn't have any hospital bills. Maybe some prescriptions, but most of
>the damages would have been awarded for missed work, etc.
>
>I think in Canada we hear about huge awards given in the US for
>apparently ridiculous claims, and have decided to try and avoid that
>happening here.
>
>I don't see in the article where it indicates the rest of his life is
>f***ed up. He had a tough time, but he's young. Even after that
>incident the article states that he just left his courier job last
>month. Now he's going to school. He even seems to have gotten a little
>perspective. Sounds more like he's getting his life together.

Tough crowd here. Doesn't this guy have any buds who could go rip off this
BMW guy's head? I mean where else can you find a judge that will acquit a
guy who does such a beating to a kid? Certainly he'd acquit the buddy that
might put the BMW guy in the hospital, right? <g>

-B

08-31-2004, 05:13 PM

On Tue, 31 Aug 2004 23:56:12 GMT, Stephen <[Only registered and activated users can see links. ]> wrote:

>Yes, it is. Courts in Canada have decided that because pain and
>suffering is so subjective, they will not usually award money based on
>them. Instead, they base awards on actual economic losses and in rare
>cases they'll award punitive damages as well. We have Medicare, so he
>doesn't have any hospital bills. Maybe some prescriptions, but most of
>the damages would have been awarded for missed work, etc.
>
>I think in Canada we hear about huge awards given in the US for
>apparently ridiculous claims, and have decided to try and avoid that
>happening here.
>
>I don't see in the article where it indicates the rest of his life is
>f***ed up. He had a tough time, but he's young. Even after that
>incident the article states that he just left his courier job last
>month. Now he's going to school. He even seems to have gotten a little
>perspective. Sounds more like he's getting his life together.

Tough crowd here. Doesn't this guy have any buds who could go rip off this
BMW guy's head? I mean where else can you find a judge that will acquit a
guy who does such a beating to a kid? Certainly he'd acquit the buddy that
might put the BMW guy in the hospital, right? <g>

-B

08-31-2004, 06:06 PM

>Stephen [Only registered and activated users can see links. ]

wrote in part:

>Courts in Canada have decided that because pain and
>suffering is so subjective, they will not usually award money based on
>them. Instead, they base awards on actual economic losses and in rare
>cases they'll award punitive damages as well.

That seems to be a pretty reasonable approach IMO. The thread title is my only
source of information since I don't have any intention of subscribing to yet
another newspaper's online edition. Unless said beating resulted in some type
of permanent disability I'd have to say that although it isn't winning the
lottery $22,500 (Canadian, I presume) is a hefty chunk of change.

Regards,
Bob Hunt