CASE LAW - Marcena v Thomson
Ariston Marcena and his wife decided to cross Yates Street just east of Cook Street in Victoria. When two vehicles in the lane closest to them stopped for his wife, Mr. Marcena urged her to cross the two lanes (not in a crosswalk) at a jog as he assumed that traffic was going to wait. Barry Thomson was riding his motorcycle in the next lane over and did not stop. He struck and injured both Marcenas.
Mr. Marcena sued Mr. Thomson for the nervous shock that he suffered witnessing his wife being injured in the collision.
Of interest in this case is Madam Justice Power's analysis of the duties that the participants had to each other in this situation, particularly that of Mr. Thomson. He should have been alerted that something was happening due to the two vehicles stopped in traffic to his right. He bears some liability for the collision as he did not exercise due care.
The Marcenas were required to yield to vehicle traffic when they crossed as they did. Failing that, they were also liable for the collision.