The $6-million legal battle involving a local emergency room doctor and a transit bus has taken another turn, this time to the B.C. Court of Appeal.
Both sides have appealed the January decision from B.C. Supreme Court Justice G.C. Weatherill that saw Dr. Daniel Wallman awarded $6 million, seven years after a rear-end collision by a transit bus that left him with a debilitating concussion.
Wallman's lawyer filed an appeal on Feb. 13, asking that "the reasons for judgment... be varied with respect to the assessment of future loss of earning capacity from medical practice."
That earning capacity was set at $3,665,169.
Wallman's appeal also asked that "the reasons for judgment... be varied with respect to the assessment of future loss of earning capacity from real estate investments."
Wallman was awarded $500,000 in that regard.
Two weeks later, bus driver Rajinder Gill, BC Transit and Whistler Transit filed a cross appeal, again with respect to the assessment of future loss of earning capacity, and also asked that the award for the future loss of earning from real estate investments be set side.
BC Transit and the Wallman's lawyer did not respond before deadline.
On Dec. 4, 2006, Wallman was driving his Honda along Highway 99 on his way to an intubation course at the Whistler Health Care Centre when a Whistler Transit bus struck his car from behind.
Wallman had come to a halt in the intersection of Highway 99 and Lorimer Road after a snowplow failed to stop for its light in slippery conditions and slid in front of him.
The concussion symptoms have changed Wallman's life: severe headaches, confusion, forgetfulness, fatigue, moodiness. He is unable to work as an emergency room physician.
Weatherill awarded the following damages: $200,000 for general damages; $1,445,023 for past income lost; $3,665,169 for future loss of earning — medical capacity; $500,000 for future loss of earning — real estate; $90,231 in special damages; $34,289 in cost of future care; $33,263 in prejudgment interest; $6,031 in tax gross up; and $279,203 in management fees. The total was $6,253,209.