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

Deboon retires from conservation service

After nearly 30 years of service as a conservation officer in the… Continue reading

VIDEO: Highway 3A reopened after mudslide cleared

A mudslide closed Highway 3A between Castlegar and Nelson just north of the Brilliant Dam on Wednesday.

Gallery: Fernie Alpine Resort closing weekend

Our best photos from the Powder, Pedal, Paddle relay race, Fernival and Slope Soaker.

Focus on emergency preparedness

Fernie to host 2018 Association of Kootenay Boundary Local Governments Convention from April 18-20.

VIDEO: Gerry Pang – the heart of hockey

After coaching hockey goaltenders since 1997, Gerry Pang has finally decided to hang up the skates.

Could facial scans and fingerprints make you unhackable?

New biometrics capabilities could be a game-changer for those trying to get on your accounts

Countdown is on to the 2018 B.C. Summer Games

Cowichan Valley hosts on July 19-22

Driving Change: A B.C. man’s charitable trip across Canada

A Kelowna man, his bus, and his mission for positive change across our country

Case of teacher secretly filming teens reaches top court

Acquittal of teacher, Ryan Jarvis, who secretly videoed teens ‘dangerous,’ top court told

Why a 14-year-old will lead the charge at annual marijuana protest on the Hill

Marijuana enthusiasts have long been circling April 20 on their calendars as annual day of cannabis

B.C. communities await marine spill compensation years after incidents

The government maintains a Ship Source Oil Pollution Fund to compensate Canadians

RCMP say too early to know what happened in Broncos crash

RCMP Assistant Commissioner Curtis Zablocki said collission very complex

Conservative MP wants feds to close loophole for illegal border crossers

Immigration advocates call on government to suspend Canada-U.S. Safe Third Country Agreement

Alberta university criticized for honouring David Suzuki

University of Alberta plans to bestow environmentalist with honourary degree

Most Read