Cruise leads to suit

Over the years, the Nerve Magazine' s annual rock 'n' roll boat cruises aboard the Abitibi have probably resulted in their share of day-after hangovers, and maybe even a broken heart or two. The last one, however, led to a surprise lawsuit. Mairead Ashe attended the cruise on August 18, 2006, but it wasn't until this spring that the Vancouver waitress filed a statement of claim with the Supreme Court of British Columbia, alleging that she sustained an injury during a performance by Crystal Pistol. Ashe alleges the band's singer, Mik Ireland, knocked a speaker into her ankle, causing physical injury as well as insomnia and anxiety. She has named Ireland, the Abitibi 's owners and captain, and the Nerve Magazine in a lawsuit.

Nerve publisher Bradley C. Damsgaard told the Straight that, coming so long after the alleged incident, Ashe's suit was a shock. "That was one of the first things that came to my mind," he said. "Why wait nine months? At the time of the cruise, there was a full first-aid station onboard. There was no report made to the staff there, no one came to me, and my sound guy witnessed nothing–he's a professional tech that was running the equipment. The first I heard of it was when the papers came via my lawyer about a month and a half ago."

Damsgaard intends to fight the suit to whatever extent he can, because of the precedent it could set, particularly Ashe's plea that the Nerve Magazine is "vicariously liable for the negligence of Mik Ireland".

"This is really frustrating, because if this actually was successful, I think it would open the door for any kind of crazy claim to happen," Damsgaard said. "I mean, if you're standing right up front at a rock 'n' roll show, there is a certain amount of due diligence that the attendee needs to take.”¦You get stepped on, you get trampled on. You get bumps and bruises when you're in the pit, so to speak, so for someone to claim an injury suit because of that, it just seems ridiculous. But I have to take it seriously, and I have to go through the actions of retaining counsel and all that."

Ashe is claiming general and special damages, costs, and interest. Her statement of claim says that "injuries, loss and damage have caused and continue to cause the Plaintiff pain and suffering, loss of enjoyment of life, as well as interference with, or impairment of her earning capacities, both past and prospective, and continuing physical disability." The plaintiff's lawyer, Christine Fredriksen , told the Straight on June 19 that her client declined to comment about the case.

The lawsuit notwithstanding, Damsgaard intends to go ahead with the cruise on August 24. In order to defray his upcoming legal costs, the Nerve publisher is also holding a fundraiser at the Plaza Club on August 9, which will feature sets by the Manvils, Crystal Pistol, the Red Hot Lovers, the Pack, and the Hits.

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