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

Fishing Haida Gwaii: Watching for herring spawn on Haida Gwaii’s west coast

By Darrell Oike Haawa for all the fish caught this week. We… Continue reading

Razor clam closure from Wiah Point to Rose Spit

All razor clam harvesting is closed from Wiah Point to Rose Spit… Continue reading

Wooden Horsemen ready to rock Haida Gwaii and northwest B.C.

Vancouver rocker Steven Beddall got his start playing in ska and funk… Continue reading

Letters: Cartoon spread a negative business vibe

I’m writing in response to The Happy Clam cartoon in the April… Continue reading

Both sides still looking for answers at Collison Point / St’alaa Kun

Talks are ongoing but so far there is no agreement one month… Continue reading

NDP gives Liberal budget ‘failing grade’ on gender equality

Nanaimo-Ladysmith MP Sheila Malcolmson said budget doesn’t do enough to focus on pay equity

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

Builder of Kinder Morgan reinforces concerns over project

B.C. heads to court over pipeline jurisdiction as builder says doubt warranted

Health committee cheers idea of national pharmacare program, but cost an issue

Conservative health critic Marilyn Gladu says she fears costs could be far higher than $19 billion

Canada’s oldest blood donor says it’s all gain, no pain after decades of giving

Great-grandmother and Coquitlam, B.C., resident has been donating blood since the late 1940s

Union says Trump bullying threatens hundreds of B.C. pulp mill jobs

Fear mounts that new U.S. anti-dumping duties could price Catalyst mills out of business

B.C. real estate regulator to undergo NDP review

B.C. real estate agents were self-regulated until 2016, when BC Liberals appointed superintendent

B.C. pizza shop broken into 4 times in 2 weeks

A Vernon business owner is beginning to feel targeted

Man accused of Abbotsford school stabbing hearing voices, intensely paranoid

Lawyer says Gabriel Klein not fit to stand trial in May because of deteriorating mental state

Most Read