Woman awarded Lm26,520 damages for injuries

A woman was yesterday awarded Lm26,520 damages for the injuries she suffered in a traffic accident.

Priscilla Micallef claimed she had been injured in Floriana on the night of March 14, 1995 when a car driven by Ludwig Camilleri, and belonging to Joseph Busuttil, hit a tree by the wayside.

Micallef said she and Anthony Cilia were passengers.

Mr Justice Albert Magri, in the Civil Court, heard how the three occupants had left the Marsa band club, and Micallef was being driven home to Valletta.

The car was being driven at a certain speed on the outer lane heading towards Portes des Bombes, but instead of driving through the gate, Camilleri pulled over to his left, lost control of the car and collided with the tree.

Cilia managed to climb out of the car to summon assistance, but Micallef and Camilleri had to be taken out with the help of the police and were taken to hospital.

Micallef sustained a fractured cranium and had to undergo neurosurgery. She also suffered a haemorrhage and small multiple fractures of the liver, as well as from facial scarring.

Medical experts appointed by the court concluded that she had sustained a 30 per cent disability.

In yesterday's judgment, the court noted that it was clear that the accident had been caused by Camilleri losing control of the car.

Camilleri was not licensed to drive a vehicle.

Micallef had filed her writ in 1996 against Busuttil and Camilleri, and in 1997, Fogg Limited (as agents for the foreign insurance company ALS Motor Policies) and Gerald and Rosette Camilleri, the driver's parents, were called into the suit.

It resulted that the parents could not be found responsible in any manner for the accident, for they had not permitted their son to drive, and had taken steps to ensure that he did not have access to their own car.

Gerald Camilleri had also warned Busuttil not to allow his son to drive his car.

Mr Justice Magri noted that Busuttil, however, frequently allowed Ludwig Camilleri to drive his car, even though he was aware that Camilleri was not in possession of a driving licence. He was also aware of the fact that Camilleri was under age.

The court acquitted Fogg Limited of any responsibility for the collision on the grounds that it only had a contractual relationship with Busuttil and not with Micallef.

The court found Busuttil and Ludwig Camilleri liable for the damages sustained by Micallef and were ordered to pay her Lm26,520.