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

Couple selling fake jewelry in Fraser Lake, say RCMP

A man and woman have been defrauding local residents, offering fake jewelry for sale

Gitxsan forming cross-sector salmon management team

Nation again declares closure of fishery in territory for 2019

Editorial: The Speaker shouldn’t be an MLA

Time to re-evaluate the Speaker position

Column: condition of cows after winter feeding

The protein content of winter feed is important, says rancher David Zirnhelt

Concept designs for Vanderhoof’s new CNC campus unveiled

Community was invited to provide feedback at a public engagement session Dec. 6

Lawyer for Chinese exec detained by Canada says it’s ‘inconceivable’ she would flee

Meng Wanzhou was detained at the request of the U.S. during a layover at the Vancouver airport

Omar Khadr to ask for Canadian passport to travel, permission to speak to sister

He spent years in U.S. detention at Guantanamo Bay after he was caught when he was 15

One of Tori Stafford’s killers transferred to medium-security prison

Michael Rafferty was sentenced to life in prison in 2012 in the kidnapping, sexual assault and first-degree murder of Tori Stafford

‘Abhorrent’ condition of autistic B.C. boy shows flaws in care system: report

‘Charlie’ was underweight and ‘covered in feces’ when he was removed from his mom’s care

Military closes book on oft-criticized support unit for ill, injured troops

The transition unit will provide support and services to military members struggling with physical and mental injuries so they can return to work.

Vancouver Canucks rookie Elias Pettersson named NHL’s first star of the week

Canucks centre scored two goals and six assists in three games

Protester says Canada doing U.S. ‘dirty work’ outside Huawei exec’s bail hearing

The U.S. wants to extradite Meng to face fraud allegations after Canada arrested the high-profile technology executive.

Break-in at home of detained Chinese Huawei executive

Meng Wanzhou was detained in Vancouver on America’s request

Most Read