A B.C. court dismissed a lawsuit brought by a man suing a 10-year-old girl and her grandparents following a jogging accident in Kamloops.
According to the court judgment, Rosario Perilli was jogging in Aug. 2014 when he came upon three young girls riding bicycles. He tried to pass the girls on the right, hit the rear tire of a bike and fell to the ground.
He suffered multiple injuries and required shoulder surgery, the judgment said.
Perilli’s claim alleged that the girl was “cycling without due care and attention or without reasonable consideration for other persons” and failed “to take any or adequate steps to avoid colliding with the Plaintiff.”
The claim also alleged the girl’s grandparents did not properly instruct her on how to ride a bicycle.
A judge dismissed the allegations, stating that the girl “acted reasonably in the circumstances and did not breach the standard of care that she owed to others using the roadway.”
The judgment noted that a 10-year-old should be held to a different standard than an adult.
“A momentary lapse in awareness may be expected from children; such a lapse does not result in a finding of legal responsibility.”
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