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A Victoria man who jaywalked with his wife has been awarded $98,000 in damages for “nervous shock” after he witnessed his wife being hit by a motorcycle.

On the day of the incident, March 20, 2013, Ariston Quirimit Marcena, 48, and his wife had been at a medical appointment for Ms. Marcena.

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As they were returning to their parked car, they decided to jaywalk to get to the car and while they were crossing Yates Street, Ms. Marcena was hit by a motorcycle being driven by Barry Robert Thomson and seriously injured.

Ms. Marcena filed a separate lawsuit for damages as a result of her injuries and had her case settled, but Marcena sued for “nervous shock” he claimed he suffered as a result of witnessing the traumatic event.

The case went to trial and in her ruling, B.C. Supreme Court Justice Jennifer Power found that there was “no question” that Marcena was partially liable for the injury he suffered.

“Mr. Marcena initiated the jaywalking that was a substantial cause of the accident,” said the judge.