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

Two Campbell River First Nations advance to final stage of treaty negotiation

The Campbell River-based Wei Wai Kum and Kwiakah First Nations have signed… Continue reading

City of Campbell River to replace pumper truck at No. 2 Hall

Old truck to be moved into reserve roll for five years before decision is made on disposal options

PHOTOS: Cumberland Wild embraces diverse musical talents

Day 1 of the two-day music festival took place Saturday

Vehicles collide on Highway 19 in North Campbell River

Emergency crews tend to the occupant of a vehicle involved in a… Continue reading

QUIZ: How much do you remember about Woodstock?

Weekend music festival in Bethel, New York, was held 50 years ago

Advocates ‘internationalize’ the fight to free Raif Badawi from Saudi prison

Raif Badawi was arrested on June 17, 2012, and was later sentenced to 1,000 lashes and 10 years in jail for his online criticism of Saudi clerics

RCMP, search crews hunt for 4-year-old boy missing near Mackenzie

George went missing early Saturday afternoon

Canadian entrepreneurs turning beer byproduct into bread, cookies and profits

Some breweries turn to entrepreneurs looking to turn spent grain into treats for people and their pets

Canada ‘disappointed’ terror suspect’s British citizenship revoked

Jack Letts, who was dubbed “Jihadi Jack” by the U.K. media, has been detained in a Kurdish prison for about two years

Chrystia Freeland condemns violence in Hong Kong, backs right to peaceful assembly

There have been months of protests in the semi-autonomous region

B.C. VIEWS: Log exports and my other errors so far in 2019

Plastic bags, legislature overspending turn out differently

‘It’s just the freedom:’ Paralyzed Broncos player pursuing life on the water

The former Humboldt Broncos goaltender, who started in the net when he was nine, was paralyzed last year

Most Read