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

Snowfall warning continues for parts of B.C.’s Interior

First significant snowfall of the season prompts Environment Canada warning

Northwest B.C. wildlife shelter rescues particularly tiny bear cub

Shelter co-founder says the cub weighs less than a third of what it should at this time of year

RCMP investigating assault on a 17-year-old in Vanderhoof

Vanderhoof RCMP are seeking witnesses to an assault that occurred in the… Continue reading

Former Burns Lake mayor gets two years for sexual assaults against minors

Banned from taking work involving young people for five years

Prince Rupert man who killed foster parents in 2017 receives three-year sentence

A Prince Rupert man convicted in the deaths of his foster parents… Continue reading

VIDEO: Feds give update on flying clearance for Santa’s sled

Transport Minister Marc Garneau has this message for the country’s children

Investigators confirm three died in B.C. plane crash

Transport Canada provides information bulletin

Prime Minister sets 2025 timeline for plan to remove fish farms from B.C. waters

Foes heartened by plan to transition aquaculture found in Fisheries minister mandate letter

Canada’s Attorney General looking to larger reforms on doctor-assisted death

The Quebec Superior Court gave Ottawa just six months — until March 2020 — to amend the law

Navigating ‘fever phobia’: B.C. doctor gives tips on when a sick kid should get to the ER

Any temperature above 38 C is considered a fever, but not all cases warrant a trip to the hospital

Wagon wheels can now be any size: B.C. community scraps 52 obsolete bylaws

They include an old bylaw regulating public morals

Indigenous mother wins $20,000 racial discrimination case against Vancouver police

Vancouver Police Board ordered to pay $20,000 and create Indigenous-sensitivity training

Sentencing for B.C. father who murdered two young daughters starts Monday

The bodies of Aubrey, 4, and Chloe, 6, were found in Oak Bay father’s apartment Dec. 25, 2017

B.C. vet talks tips for winter travel with pets

Going to see the vet the day before a trip is never a good idea

Most Read