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.
1 Dead after Motorcycle Accident in Burlington
CBC News reported today that a motorcyclist is dead after a motorcycle collision involving three vehicles on the Queen Elizabeth ...
Hamilton Motorcycle Accident sends 40 Year Old to Hospital
The Hamilton Police reported today that a 40-year-old Hamilton man was transported to the hospital after a Motorcycle Accident at...
Motorcyclist seriously injured following crash near Mohawk Casino in Milton
Global News reported this morning that motorcyclist is suffering serious injuries and a second person has minor injuries after ...
We’re here to help. Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at 1-833-4-LAWFIRM
Call us 24/7. We will travel to your rehabilitation center, home, or hospital, at your convenience.
We are available to discuss your case anytime. Give us a call at 905-333-8888.
Meeting and/or discussing your case with our legal team is completely free.