03/31/2018 16:29 EDT | Updated 04/01/2018 08:08 EDT

Kamloops Lawsuit By Jogger Who Ran Into Back Of 10-Year-Old's Bike Dismissed

He had argued the girl was riding her bike "recklessly."

A jogger, who was hurt when he ran into a girl's bicycle in Kamloops, B.C., has lost a lawsuit filed in the B.C. Supreme Court.

Rosario Perilli argued that the girl, who was 10 at the time of the 2014 incident, was riding her bike "recklessly." He claimed she violated the Motor Vehicle Act for cyclists, and also sued her grandparents for not teaching her how to safely ride a bike.

In a judgment released this week, Justice S. Dev Dley found that the girl and her grandparents, Wendy and Patrick Marlow, were not liable for the accident on Robson Street.

While the girl could have been more careful, her actions were consistent "with what a similarly aged young girl would have reasonably done in the circumstances," Dley stated.

Not a "sudden or dangerous" move: judge

Perilli said that the girl had cut him off as he tried to jog around her and two of her friends, who were also on bikes.

But the girl said that she noticed Perilli behind her and moved closer to the sidewalk to let him pass. When she checked again, he had slowed down, so she said she moved back to her original spot on the road because she assumed he wasn't going to pass her.

The girl's movement was not a "sudden or dangerous manoeuvre," the judge noted in his reasons for decision.

Perilli hit her back bike tire and fell on his shoulder, suffering injuries that later required surgery.

We weren't trying to squeeze a 10-year-old out of her piggy bank.Frank Scordo, lawyer

Perilli's lawyer Frank Scordo told the Vancouver Sun that his client, who now lives in Ontario, was disappointed with the outcome.

In an interview with the newspaper, Scordo said the judge ruled the standard of care expected of a 10-year-old is not the same as an adult, but the lawyer pointed out there have been other cases where children were found "to be contributorily negligent."

Dley, who found the girl "polite and mature" during her testimony, wrote: "A momentary lapse in awareness may be expected from children; such a lapse does not result in a finding of legal responsibility."

Scordo also told the Sun that he and his client made sure the family had insurance before filing the lawsuit.

"We weren't trying to squeeze a 10-year-old out of her piggy bank."

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