Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

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Ross
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Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby Ross » Sun Apr 01, 2018 11:33 am

I can't believe a grown man tried to sue a 10 yo child (and her grandparents) for what looks to be his own stupidity negligence

http://road.cc/content/news/239461-cana ... heel-loses

A Canadian man who sued a 10-year-old after he jogged into the back of her bike, fell over, and injured his shoulder, has lost his case.

Rosario Perilli alleged that the girl had contravened Motor Vehicle Act laws governing cyclists on the road by cycling without due care and attention, changing direction or speed without signalling and cycling on a pavement while riding abreast with other cyclists.

He also alleged that she failed to "maintain an adequate lookout" and failed to "take any or adequate steps” to avoid colliding with him.

Perilli included the girl's grandparents, Wendy and Patrick Marlow, in the lawsuit on the basis that they didn't properly teach her to ride a bike safely.

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby eldavo » Sun Apr 01, 2018 11:52 am

April fools :D

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby uart » Sun Apr 01, 2018 12:13 pm

eldavo wrote:April fools :D

Nope, strange as it sounds it's a true story. Also dated 30 March, so two days too early for April fools.

The action was dismissed with costs.


Ouch. That, combined with the media publicity pretty much giving him "douche bag of the year" status, has got to hurt.

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby g-boaf » Sun Apr 01, 2018 2:36 pm

uart wrote:
eldavo wrote:April fools :D

Nope, strange as it sounds it's a true story. Also dated 30 March, so two days too early for April fools.

The action was dismissed with costs.


Ouch. That, combined with the media publicity pretty much giving him "douche bag of the year" status, has got to hurt.


30 March is the new 1 April, because nobody believes anything written on 1 April.

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby Tequestra » Sun Apr 01, 2018 3:05 pm

Not having been there to see it in colour, all I have to work with is the report and all the similar experiences I've had with fellow road/path users suddenly moving in strange and unexpected directions when I'm passing them, as far as physically possible away from them.

Call me an ogre but I'm on his side. I don't think that parents should teach there their children that it is okay to ride triple-file across when there is someone behind trying to pass, on any thoroughfare with narrow dimensions. It's something that kids learn from the experience of grazed knees and elbows, I suppose. Look where you're going before you go there.
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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby BJL » Sun Apr 01, 2018 3:35 pm

Tequestra wrote:Call me an ogre but I'm on his side. I don't think that parents should teach there their children that it is okay to ride triple-file across when there is someone behind trying to pass, on any thoroughfare with narrow dimensions. It's something that kids learn from the experience of grazed knees and elbows, I suppose. Look where you're going before you go there.


Okay then. You're an ogre!

If the situation was reversed and there were 3 joggers on the path jogging 3 abreast, then one suddenly stopped jogging and someone rode a bicycle up his/her backside, I bet the story would read a little differently. If you're following someone on a path/road/wherever, it's up to YOU to ensure you follow at a safe distance and pass when safe to do so.

Maybe the kids can sue the jogger for dangerous jogging and tailgating. Maybe sue the jogger's parents for failing to teach him how to jog properly. :mrgreen:

Besides, was the jogger carrying a bell? If he was, he could have warned the cyclists of his approach. Was the jogger wearing a helmet? What about hi vis reflective clothing?

:wink:

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby Tequestra » Sun Apr 01, 2018 3:57 pm

BJL wrote:Maybe the kids can sue the jogger for dangerous jogging and tailgating. Maybe sue the jogger's parents for failing to teach him how to jog properly. :mrgreen:

Haha! on reading the "sue the old man's parents". Yes, it is in the spirit of a day like this, (April 1st not Easter), to put the boot on the other foot, as such. Happy Easter BJL!, anyway.

What I gather from reading the report is that the girl riding the bike wrongways on the road beside her friends riding double-file on the 'pavement' (US Eng. sidewalk, Aus. Eng. footpath) was aware of the jogger, and veered back behind her associates, (which is clear indication for the 'entity' behind to pass), and then before he had passed them, she turned to see him behind her, and then wrongly assumed that he was happy to not pass them, and so she then veered back out onto the road to ride three-wide with her associates, just as he was infact making the passing maneouvre. Ouch!

It would need a video tape of the collision to be sure. I also think that it is safer to take good heed of unpredictable things like 10yo children and be ready for surprises. In addition, like you mention, I have learned since starting riding again six months ago that on the bike paths (PSPs?), when there are pedestrians ahead, (a bit like kids on little bikes when jogging), it pays to call out "Good morning!" or perhaps honk my horns from a polite distance away, to let them be aware of another 'entity' sharing the path on the way through, and keep left (downunder). Unsupervised kids should know this road rule and apply it to every path including staircases in public buildings. It seems by her testimony that she knew he was there, she moved out the way so that he had room to pass, and then veered back into his line again.

Unfortunate, especially someone seemingly so inexperienced. I would think that lack of parental supervision of the unqualified cyclist was the cause. Remember that she moved out the way, and then moved back into the way again.
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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby eldavo » Sun Apr 01, 2018 4:04 pm

Sadly the joke has shifted from the article NOT being an April Fools' gag, to the blind judgements in this thread.
Heck, just as entertaining though! :lol:

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby Tequestra » Sun Apr 01, 2018 4:08 pm

eldavo wrote:Sadly the joke has shifted from the article NOT being an April Fools' gag, to the blind judgements in this thread.
Heck, just as entertaining though! :lol:



Oh no! Have I been tricked ... again?

No fair el Davo, It's afternoon in Australia now, but I guess since anywhere in Canada is still morning or March, then it might arguably be valid. It depends on where one comes from.

April Fool's Day should be illegal in cyberspace except on GMT, in which case, I fell for it ... again.
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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby eldavo » Sun Apr 01, 2018 4:14 pm

I guess if its 9am somewhere, there's still time for more caffeine and chocolate to continue a global time zone April fools frenzy.

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby Tequestra » Sun Apr 01, 2018 4:20 pm

eldavo wrote:I guess if its 9am somewhere, there's still time for more caffeine and chocolate to continue a global time zone April fools frenzy.

British Columbia, allegedly. It's only just after 9pm there yet. Chronology aside, I WAS honestly fooled. The visions of wayward pedestrians in my memory clouded my mind with gullibility, even after I had read the previous, wiser posts.

Happy Easter!
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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby eldavo » Sun Apr 01, 2018 4:28 pm

It's hard to tell real from not. Imagine all the Americans waking up on April 1 laughing at tweets they're reading from their president. Then doing it again April 2nd, then crying.

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby BJL » Sun Apr 01, 2018 6:10 pm

I was in two minds as to whether or not this was an April fool's joke. If it is, I think those who took it seriously can be excused as it wasn't written as an April fool's joke and this kind of nonsense happens in Canada and the USA all the time.

:oops:

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby Cheesewheel » Sun Apr 01, 2018 6:50 pm

BJL wrote:
Tequestra wrote:Call me an ogre but I'm on his side. I don't think that parents should teach there their children that it is okay to ride triple-file across when there is someone behind trying to pass, on any thoroughfare with narrow dimensions. It's something that kids learn from the experience of grazed knees and elbows, I suppose. Look where you're going before you go there.


Okay then. You're an ogre!

If the situation was reversed and there were 3 joggers on the path jogging 3 abreast, then one suddenly stopped jogging and someone rode a bicycle up his/her backside, I bet the story would read a little differently. If you're following someone on a path/road/wherever, it's up to YOU to ensure you follow at a safe distance and pass when safe to do so.

Maybe the kids can sue the jogger for dangerous jogging and tailgating. Maybe sue the jogger's parents for failing to teach him how to jog properly. :mrgreen:

Besides, was the jogger carrying a bell? If he was, he could have warned the cyclists of his approach. Was the jogger wearing a helmet? What about hi vis reflective clothing?

:wink:

Pretty sure neither the jogger nor the cyclist were registered either.
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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby Cheesewheel » Sun Apr 01, 2018 6:51 pm

BJL wrote:I was in two minds as to whether or not this was an April fool's joke. If it is, I think those who took it seriously can be excused as it wasn't written as an April fool's joke and this kind of nonsense happens in Canada and the USA all the time.

:oops:

Its a sign of the times that its becoming increasingly difficult to spot an april fools joke.
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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby Aushiker » Sun Apr 01, 2018 7:11 pm

eldavo wrote:Sadly the joke has shifted from the article NOT being an April Fools' gag, to the blind judgements in this thread.
Heck, just as entertaining though! :lol:


Yep ... Oh this is from the article links; its called fact checking ... just a thought :wink:

http://www.courts.gov.bc.ca/jdb-txt/sc/ ... SC0495.htm and it is dated March 27, 2018

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby London Boy » Sun Apr 01, 2018 7:40 pm

Aushiker wrote:Yep ... Oh this is from the article links; its called fact checking ... just a thought :wink:

http://www.courts.gov.bc.ca/jdb-txt/sc/ ... SC0495.htm and it is dated March 27, 2018

There isn't a Supreme Court on the planet that publishes April Fool reasons. Just in case anyone thinks they were 'in on the game'...

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby Tequestra » Sun Apr 01, 2018 7:46 pm

Aushiker wrote:... fact checking ... just a thought :wink:


So it IS true! I guess I must be less gullible that I thought I was then???

Bad judge. No experience with local travel in contemporary Western community. Take it to the High Court, jogger.
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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby madmacca » Mon Apr 02, 2018 6:13 pm

Judging from the gradient in the photo, I am seriously impressed that a 10 y.o. was able to ride up that!

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Re: Canadian man who sued 10-year-old cyclist after he jogged into her back wheel loses case

Postby uart » Mon Apr 02, 2018 7:15 pm

madmacca wrote:Judging from the gradient in the photo, I am seriously impressed that a 10 y.o. was able to ride up that!

According to the story she was riding against the traffic flow (so left side in Canada) and adjacent to the pavement. So if that is the spot (in photo) then they would have been travelling downhill.

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