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

Who is or may be running in Stikine in the provincial election

Cullen nomination sparks controversy over NDP equity policy

Citing stability, B.C. Premier calls snap election for Oct. 24

John Horgan meets with Lieutenant Governor to request vote

Witset releases COVID-19 strategy following three confirmed cases

Plan implements strict measures to contain spread of the virus

Meet the 10-year-old girl who grew a pineapple in northern B.C.

Emily Atkins discovers it takes a lot of patience to grow tropical fruit in a temperate climate

Unofficial holidays: Here’s what people are celebrating for the week of Sept. 20 to 26

Rabbit Day, Hobbit Day and One-Hit Wonder Day are all coming up this week

COVID-19: 4 more deaths, 366 new cases in B.C. since Friday

A total of 8,208 people in B.C. have tested positive for COVID-19 since January

Vancouver Island sailor stranded in U.S. hospital after suffering massive stroke at sea

Oak Bay man was attempting to circumnavigate the world solo

Majority needed to pass COVID-19 budget, B.C. premier says

John Horgan pushes urgent care centres in first campaign stop

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Public health officials urge Canadians to limit contacts again as COVID-19 cases rise

Canada has committed $1 billion to buy at least 154 million doses of vaccines from five different companies

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Vancouver Island family overwhelmed with 14 Lab puppies

Litter may be one of the biggest ever

B.C. could be without a new leader for multiple weeks after Election Day: officials

More than 20K mail-in voting packages were requested within a day of B.C. election being called

Most Read