1.2 The Jogger and the cyclist
Updated: 2/7/2020
1.2 The Jogger and the cyclist

Storyboard Text

  • (1) "How ridiculous. The guy isn't looking where he is going, then he tries to sue the ten year old who he runs into. This stupid case should never have been allowed to go to court!"
  • (2)"Uncle, he is allowed to take it to court because it is in his rights to do so, and there was a conflict."
  • "The plaintiff made a civil case, which is a private case where someone tries to sue someone. It was held in the Supreme Court of BC and Mr. Justice Dley made a case report with the citation , which is each case's unique name, Perilli v. Marlow, 2018 BCSC 495."
  • (1) "The plaintiff accused the defendant that she was in violation of the Motor Vehicle Act as well as other violations such as not paying proper attention."
  • (2) "However, Mr. Justice Dley used precedents to help him make his final decision. He also compared the case to the actual law and statutes and concluded that the defendant, Ms Marlow, was not in breach for many of her statutory duties, except for failing to ride as practicable to the right side of the road. She also did not breach many aspects of the Act. Mr. Justice Dley therefore concluded that Ms. Marlow acted reasonably in the circumstances and did not breach the standard of care, so the other defendants, her grandparents, were also not liable. The action was dismissed with costs."
  • "The guy had to get surgery and had to sue for costs and lost wages. It was her fault, not his. That is how our legal system works. I hope that the guy appeals. He'll probably win."
  • "He is allowed to appeal if he thinks that the B.C. Supreme Court made a mistake. However, I do not think the plaintiff should be allowed to appeal to the Court of Appeal."
  • "The plaintiff believed that Ms. Marlow broke the substantive law, which was divided into private law. I believe that Mr. Justice Dley followed the procedural law and the legal steps correctly and that he made the right choice. However, there are also lots of options for help that the government provides when you cannot work due to injury. I do not think suing the girl was the appropriate response to the situation."
  • The End...