CASE LAW - Perilli v Marlow
Not all collision litigation resulting from crashes on our highways involve motor vehicles. In this case, the collision occurred between Rosario Perilli, a jogger, and Wendy Marlow, a 10 year old youth riding a bicycle. Mr. Perilli fell to the ground in his attempt to avoid the collision and suffered injuries, including one to his shoulder that required surgery to repair.
Mr. Perilli claims against Ms. Marlow’s grandparents on the basis that they did not properly instruct Ms. Marlow in the safe operation of a bicycle.
Ms. Marlow was one of three girls riding side by side, two on the sidewalks and herself on the roadway. Mr. Perilli was jogging in the same direction on the sidewalk in the same direction of travel as the girls. All were facing oncoming traffic.
When Mr. Perilli overtook the girls, he decided to pass them on the left by jogging on the roadway. As he passed, Ms. Marlow moved left and his foot collided with her rear wheel.
Mr. Justice Dley discusses the duties of cyclists and pedestrians in relation to each other and the law, ultimately finding Ms. Marlow did not breach the required standard of care and there could be no liability against her grandparents.