By Matt Lalande in News Reports on August 11, 2019
The Times Colonist reported today that Victoria man who jaywalked across the street with his wife has been awarded $98,000 in compensation for “nervous shock” after he witnessed his wife get hit by a motorcycle. Both he and his wife sued the driver of the motorcycle. Marcena sued for “nervous shock” which he allegedly suffered as a result of witnessing the crash. The case proceeded to trial. The trial Judge reported that “A reasonable person would have foreseen that striking a pedestrian with a motorcycle could cause traumatic psychological injury to a close family member who witnessed the accident,” and “I find that Mr. Thomson’s negligence is a proximate cause for Mr. Marcena’s injuries, and the mental harm he suffered was a reasonably foreseeable outcome for a person of ordinary fortitude.” Mr. Marcena was found to be 75% at fault for the accident because of his jaywalking.
The Court found that marcena’s depression had a significant impact on his well-being and after the motorcycle accident. He suffered from poor concentration, inadequate sleep, decreased energy levels, lack of motivation, headaches and forgetfulness. He had not returned to work since 2014, and has ongoing trouble maintaining relationships with friends and family.
The judge awarded Marcena a total of $395,179 in damages, but in light of the finding on liability, she determined that he was entitled to 25 per cent of that amount, or $98,794 because he was jaywalking.
I was a dental hygienist that suffers from really bad scoliosis. My insurance company ignored my doc & cut my benefits off & told me I could do “something”. Matt got me CPP Disability and and LTD settlement – I don’t know what I would have done without him.
My daughter was killed by a drunk driver and it forever changed all of our lives. It seemed that for two years time stopped. This was no an easy journey. Matt let me sit in on the discovery of the driver and boy, he never let up. In the end, our grand-daughter was taken care of and we were compensated for our loss – which we then donated to a cause we believed in.
I call Matt my knight in shining armour. After I was struck by a car while cycling and permanently crippled, he fielded all communications with my especially difficult and downright nasty insurance adjuster. Every step of my care was a battle and I did not have the strength to fight alone.
I lost my leg in a terrible motorcycle accident and Matt help me recover compensation I need because I could not work and the cost of prosthetics and rehab are out of this world. I don’t know what I would have done without him.
My brother ended up paralyzed after a car accident and Lalande did SO MUCH to help get things straight from him getting out of the hospital to all his care for life. We are so grateful for Matt & Heather. I don’t know how my family could have done this without them.