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.
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 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.
