Question
Tony was travelling west on 104 th Avenue in Surrey, B.C. When Tony approached the corner of 104 th Avenue and King George Highway, he
Tony was travelling west on 104th Avenue in Surrey, B.C. When Tony approached the corner of 104th Avenue and King George Highway, he put his right-hand turn indicator on and came to a full stop. There was a pedestrian, named Sally, who was walking east in the middle of the crosswalk and Tony waited until she stepped on to the curb before proceeding to turn.
As Tony was turning, a cyclist (who was travelling westbound down the sidewalk on 104th Avenue) failed to slow down or stop at the intersection as he was trying to make it across the crosswalk before the light turned amber. A witness provided a statement where he stated that the cyclist (a minor) was riding at such a high speed down the hill that he thought the minor was going to hit Sally with his bicycle. Tony told the police that he turned on his indicator, came to a full stop and completed a shoulder check before initiating his turn (as mentioned he delayed his turn as he waited for the pedestrian to cross) and that he did not see the cyclist before turning. Just as Tony's passenger door was in line with the crosswalk, the front wheel of the minor's bicycle hit Tony's door with such a force that it shook Tony's car. The minor, named Alex, and his bicycle bounced off Tony's car door and Alex fell to the ground onto King George Highway. The paramedics who arrived at the scene of the accident 15 minutes later assessed Alex's injuries. Their diagnosis was that Alex suffered from a sore right shoulder (which hit the car door as he turned to brace himself for impact) as well as a contusion to his right knee (which hit the ground after he bounced off the car) and minor scrapes. There was no damage to Alex's helmet (which ruled out a concussion) but the bicycle's handlebar was twisted after it hit Tony's car door and the rear derailleur was bent inwards when it hit the ground.
Sally, the pedestrian who was crossing King George Highway at the time of the accident, thought Alex was seriously injured after witnessing the accident. She fled from the scene immediately after she saw what happened as she was traumatized by what she saw. Sally now suffers from extreme anxiety and needs to take medication for her condition. She was already suffering from a mental disorder and had taken a stress leave from work just one week before the accident.
Explain the elements of each potential case (using the ABCDs of Negligence) while also discussing possible outcomes and defences.
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