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.