A B.C. Supreme Court judge in Victoria on Tuesday awarded $98,794.86 in damages to a man who alleged he suffered “nervous shock” after witnessing a motorcycle strike his wife as the couple jaywalked across Victoria’s Yates Street. (Black Press Media file photo)

Husband of jaywalking couple awarded $98,000 in damages after seeing wife get hit

His wife was hit by a motorcycle as the pair crossed Victoria’s Yates Street in 2013

A Victoria man who alleged he suffered “nervous shock” after witnessing a motorcycle strike his wife as the couple jaywalked across Yates Street has been awarded almost $100,000.

The 48-year-old, Ariston Quirimit Marcena, was awarded $98,794.86 in damages in a ruling Tuesday from B.C. Supreme Court Justice Jennifer Power.

According to the ruling, Marcena’s wife was hit by a motorcycle, driven by defendant Barry Robert Thomson, while the couple attempted to cross Yates Street, just east of Cook Street, on the morning of March 20, 2013.

The two had just left a medical imaging appointment for Ms. Marcena. The husband initiated the jaywalking instead of going to the light-controlled intersection, the ruling said.

“There is no question that Mr. Marcena is partially liable for the injury he suffered,” Power wrote, highlighting his actions as negligent and in breach of B.C.’s Motor Vehicle Act.

“Nonetheless, I find that Mr. Thomson bears some liability for the accident.”

Thomson, who did not testify at trial but whose pre-trial testimony was considered by Power, had said nothing was obstructing his view down Yates Street.

Ms. Marcena, who was wearing a bright yellow sweater, and her husband managed to pass through a parking lane, a bike lane and a driving lane before she was hit. An elderly woman was crossing the area at roughly the same time and two vehicles had stopped in the right lane, with one independent witness stating the vehicles were stopped for almost a minute to allow the three pedestrians to pass.

“I conclude that there was a hazard to be seen and that Mr. Thomson either failed to see it or failed to take appropriate evasive action,” Power wrote. “Had he slowed in response to the halted vehicles in lane one, or upon seeing the Marcenas — who were there to be seen — enter the road, he could have avoided the accident.”

Power, after totalling damages at slightly more than $395,000, reached the judgment amount after assigning Thomson 25 per cent liability.

She wrote the evidence — which included opinions from two medical experts — confirmed Marcena suffered psychiatric injury as a result of the collision and that a diagnosis of major depression was tied to the crash. He has also “suffered from poor concentration, inadequate sleep, decreased energy levels, lack of motivation, headaches and forgetfulness” since the crash, and has been unable to work since 2014. His relationships with his wife and son were also impacted, Power wrote.

His wife, Ms. Marcena, filed a separate action for damages, which has since settled.

READ ALSO: UPDATED: Motorcyclist seriously injured in parking lot crash near Trans-Canada Highway

READ ALSO: Jaywalkers struck Thursday morning on Quadra Street in rush hour MVI


Like us on Facebook and follow us on Twitter

Just Posted

Raz: Creating his own Chemainus in the North Island Part 3

Mehran ‘Raz’ Razmpoosh has put the finishing touches on a brand new… Continue reading

Business for Sea Otter Eco Tours tripled in 2019

The Eco Tours season runs from May 1 to Oct. 1.

Community volleyball at PHSS

The program was formed for the community and in the hopes of getting youth off of the street.

Port McNeill Library release five-year plan

VIRL recently released its vision and operating plan for 2020 through to 2024/25.

Port Hardy awarded ‘Level 4’ recognition by Green Communities Committee

District awarded Level 4 recognition - ‘Achievement of Carbon Neutrality’.”

YouTube video of Revelstoke grizzly bear goes viral

Why did the grizzly bear cross the railway tracks?

ELECTION 2019: Have Justin Trudeau’s Liberals really cut middle-class taxes?

Conservative Andrew Scheer vows to cut bottom bracket, NDP’s Jagmeet Singh targets wealth tax

Woman charged with numerous drug offenses stemming from a raid earlier this year at Island property

Police make arrest on an outstanding warrant dating back to January

B.C. RCMP officer suing the force for malicious prosecution

Cpl. Tammy Hollingsworth cleared of wrongdoing after misconduct hearing

Talk to your kids about vaping, B.C.’s top doctor says

B.C. health officials have discovered the first vaping-related illness in the province

Alberta truck convoy plans counter-protest at climate rally with Greta Thunberg

United We Roll organizer says similar protest planned for Swedish teen’s event in Edmonton

Scheer, Trudeau, Singh haggle over potential minority government outcome

If you believe the polls, it appears the Liberals and Conservatives are neck-and-neck

British family deported after ‘accidental’ U.S. border crossing

U.S. officials deny it was mistake, release video of vehicle crossing into Washington from Langley

Kamloops man hangs on to back of stolen truck as suspect speeds away, crashes

The pickup truck was seen leaving the roadway before bursting into flames

Most Read