B.C. jogger’s lawsuit against 10-year-old cyclist dismissed

B.C. Supreme Court judge determined the girl and grandparents were not liable for the 2014 accident

A youth cyclist has been let off the hook after being sued by a Kamloops man who jogged into the back wheel of their bike and became injured, a B.C. Supreme Court judge has ruled.

In the recently released lawsuit, the jogger, Rosario Perilli of Kamloops, named a then-10-year-old girl, claiming she breached a number of sections of the Motor Vehicle Act, including cycling without due care without reasonable consideration for other people.

Perilli also named the girl’s grandparents, Wendy and Patrick Marlow, stating that they didn’t properly teach the girl how to safely ride a bike.

But Justice S. Dev Dley determined the girl – and her grandparents – were not liable for the 2014 accident, noting that at such an age the girl couldn’t be held to the same standards as an adult, and that her actions were consistent “with what a similarly aged young girl would have reasonably done in the circumstances.”

Girl, friends riding abreast during accident

The girl and two friends were riding their bicycles along Robson Street on the day of the accident, after deciding it would be safer to ride abreast and take advantage of the only sidewalk along the pathway, according to the court judgment.

While the two friends rode on the sidewalk, the girl couldn’t fit, so rode instead close to the curb.

Perilli had been running on the sidewalk in the same direction the girls were cycling, notably faster than the girls were riding, so he intended to pass them. But as there was “no room to pass on the sidewalk,” he claimed, he decided to pass them on the road.

During the hearing, the girl testified that she looked back twice and saw Perilli, so she moved closer to the curb to give him room to pass the group. But then he slowed down and fell back, she said, so she assumed he was not going to pass and moved away from the curb.

As Perilli maneuvered around the girl, she moved into his path, when his foot struck the back wheel and – attempting to avoid a collision – fell onto his shoulder.

Perilli suffered various injuries, including one to his shoulder that required surgery, the court heard.

Dley determined that while the girl’s actions “were not perfect,” and that another look behind her may have been enough to know Perilli was about to pass, the group riding on the sidewalk was a reasonable decision.

“This was no different than if two people pushing strollers or walking their dogs had clogged the sidewalk with a cyclist alongside. Mr. Perilli would still have had to pass by,” Dley said.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

28 years later: Dunahee disappearance remains largest investigation in Victoria police history

The four-year old Victoria boy went missing without a trace on March 24, 1991

Saanich could become the new home of the world’s largest gnome

Galey Farms could find out Tuesday whether it will host the eight-metre-tall structure

Victoria Fire Department advises cigarette safety after two fires started in one week

Two separate fires caused by cigarette butts were avoidable

VicPD faces ‘significant pressure’ following Victoria’s 2019 budget decision

Chief Const. Del Manak says council continues to micromanage his department

Protective human chain forms around Victoria mosque for Friday prayer

Islanders stand arm-in-arm to show support in aftermath of New Zealand shootings

‘Families torn apart:’ Truck driver in fatal Broncos crash gets 8-year sentence

Judge Inez Cardinal told court in Melfort, Sask., that Sidhu’s remorse and guilty plea were mitigating factors

Greater Victoria Wanted List for the week of March 19

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

POLL: When do you think the next major earthquake will hit Vancouver Island?

According to seismologists, Vancouver Island is overdue for a magnitude 7 earthquake.… Continue reading

WestJet sticking with Boeing 737 Max once planes certified to fly

WestJet had expected to add two more of the planes this year to increase its fleet to 13

B.C. driver caught going 207 km/h on motorcycle along Okanagan Highway

A motorcyclist was caught by Kelowna RCMP going 207 km/h on Highway 97C

Motorcyclist dies after three-vehicle crash on old Island Highway

Accident happened at 12:15 p.m. Friday near Country Club Centre in Nanaimo

B.C. fire department offers tips to keep your home safe during wildfire season

With wildfire season getting closer, the Penticton Fire Dept. offer tips to keep your home safe

Most Read