The Times Colonist reported today that a Victoria man who jaywalked across the street with his wife had 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.