Court reduces damages in Gozo traffic accident case

A car driver who was found partly responsible for injuries suffered by a boy in an accident in 1998 has had a judgement on damages reduced on appeal.

The case stemmed from a traffic accident in Gozo when a six-year-old boy riding a bike was hit by a car.

The parents, Andrew and Maria Antonia Xerri, had instituted court action against the driver, Marita Mercieca.

In October 2006, the Gozo court awarded the Xerris Lm64,200 (€149,545) in damages after it concluded that Ms Mercieca was responsible for 70 percent of the damages sustained. The court heard that Matthew Xerri was riding his bicycle when he was hit by a car driven by Ms Mercieca. As a result of the accident the boy lost part of his left foot.

The Gozo court concluded that Ms Mercieca, while not driving at excessive speed, had not been keeping a proper lookout. However the boy had contributed to the accident when he took his bicycle onto the road and into Ms Mercieca's path. Mr and Mrs Xerri were also partly to blame for the accident as they had not taken adequate care of their son.

Both parties appealed, with Mr and Mrs Xerri pleading that they ought not to have been found negligent.

The Court of Appeal declared that it had no doubt that both parties had contributed towards the accident. Absolutely no evidence had been produced to show that Ms Mercieca had been driving at excessive speed, but she had not kept a proper lookout.

The court however found that Mr and Mrs Xerri had not properly supervised their son. Neither of the parents was at home when the accident occurred. Matthew and his brother, who was 11 years old at the time of the accident, had been left alone and had been able to take their bicycles out on their own.

In conclusion the court reduced the damages payable by Ms Mercieca and ordered her to pay €118,809 to Mr and Mrs Xerri.