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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Kelowna career fair offers new opportunities

Don’t miss the upcoming Black Press Extreme Education and Career Fair in Kelowna, March 12.

Central Okangan Search and Rescue help save three men in eight days

All three men were snowmobiling in the backcountry when they got lost

Kelowna has Canada’s highest ‘moving penalty’

Disparity between vacant/occupied units incentivizes renovictions & reduces mobility, researcher says

Two-vehicle collision causes rollover at Burtch Road and Highway 97

Harvey is down to single lane traffic headed downtown

Lake Country event gets people to celebrate failure

Event on Feb. 29 will give people opportunity to discuss failures, enjoy live music and create artwork

Kelowna Capital News donates archives to UBCO

Kelowna Capital News donated materials dating from 1980 to 2000

Canadians released from coronavirus-ridden cruise ship in Japan fly home

Those who were cleared to travel are to be screened again at Canadian Forces Base Trenton

Health officials confirm sixth COVID-19 case in B.C.

Woman remains in isolation as Fraser Health officials investigate

Trudeau promises update on blockades as Wet’suwet’en chiefs meet Mohawk supporters

B.C. hereditary chiefs are thanking the Mohawks for supporting them in opposition to Coastal GasLink

Petition seeks to remove local police department from Lindsay Buziak murder case

American woman starts online petition in hopes of helping Buziak family

Deaths on popular Shuswap trail ruled accidental

B.C. Coroners Service reports on fatal falls in May and July 2019

Study says flu vaccine protected most people during unusual influenza season

Test-negative method was pioneered by the BC Centre for Disease Control in 2004

Saskatchewan and B.C. reach championship round at Scotties

British Columbia’s Corryn Brown locked up the last berth in Pool B

UPDATE: ‘Chain reaction pile up’ closes southbound traffic on Coquihalla Highway

Black Press Media has reached out to RCMP, paramedics for details

Most Read