The duty of care

Joggers are nuts.

Ok I’ll amend that a little – joggers can be ridiculously entitled, to the point of aggression. Joggers somehow think they have the right of way over everyone else, I guess because their hearts will explode if they slow down or stop for anyone.

A man who sued a young girl and her grandparents after he was injured when he jogged into the back wheel of her bike has lost his case in B.C. Supreme Court.

Like that. He jogged into her but he tried to sue her and her grandparents.

According to the judgment, the girl was cycling alongside two friends on Robson Street when the accident occurred.

Her friends were on the sidewalk and she was on the road. All three were riding against traffic, on the only side of the road with a sidewalk.

Perilli was jogging behind the trio when he caught up with them and tried to pass the girl on the right. The girl testified that she had moved closer to the sidewalk after she looked back and saw Perilli about to pass.

The girl also testified that when she looked back again, the jogger had fallen behind. No longer expecting him to overtake them, she moved back into her spot farther from the sidewalk.

That’s when Perilli struck her back wheel, causing him to fall and injure his shoulder severely enough that he later required surgery.

And he considered that her fault. She was in the road, where bicycles belong, and he too was in the road, where pedestrians do not belong except to cross. He didn’t have to “strike her back wheel”; he could have just stopped, or slowed down, or moved to the sidewalk.

Perilli alleges that the girl breached the duty of care by contravening Motor Vehicle Act laws governing cyclists on the road — including cycling without due care and attention, changing direction or speed without signalling and cycling on a sidewalk 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 the plaintiff.”

But as the judge pointed out – he was behind her, so it was easier for him to “maintain an adequate lookout.”

Joggers; they’re nuts, I tell you. I’ve had them grab me and shove me aside on sidewalks and trails, including trails that are signposted No Joggers.

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