The heirs of a man who was run over and killed while jogging along a road in Mosta in 2008 have been awarded almost €85,000 in damages by Mr Justice Anthony Ellul in the First Hall of the Civil Court.

Nikolina Formosa, Alison Sant' Angelo and Darren Emanuel Formosa, heirs of Emanuel Formosa, filed their action for damages against the driver Kevin Ellul. Middle Sea Insurance plc as the insurers of the car were authorised to intervene in the suit.

The court heard that Mr Ellul was driving in Triq Durumblat, Mosta in the direction of Attard while Emanuel Formosa was running along the street in the opposite direction wearing dark clothes. At the time of the accident it was still dark.

Mr Justice Ellul found that Mr Ellul had driven across to the wrong side of the road and had hit Mr Formosa who was thrown into a field. The court added that although it was true that Mr Formosa was wearing dark clothes and that pedestrians were obliged to take precautions when making use of a road, these factors had not contributed to the accident.

Mr Formosa was not killed because he was wearing dark clothes but because of negligence by Mr Ellul who had lost control of his car. At no time had Mr Ellul given an explanation as to why he had lost control of the car.

Mr Ellul was found to be responsible for the accident and was ordered to pay the heirs €84,570 in damages.

In 2008 the criminal court had condemned Mr Ellul to a three-year suspended jail term after he was found responsible for having caused the involuntary homicide of the jogger.