A woman who ended up in a wheelchair after a teenager jumped off a Valletta bastion and landed on top of her has been awarded €190,000 in damages by a court.

The woman was sitting on the pavement outside her parents' boathouse beneath St Barbara Bastion when the freak incident occurred in September 2008. The victim was in her forties at the time.

The court heard that it was around 10pm when a 17-year old girl who was out on a date got into a quarrel with her boyfriend right above along the bastions.

The teen angrily threw her mobile phone off the bastion walls. She then clambered onto the metre-wide wall, sat dangerously at the edge and after swaying herself momentarily, let go.

A witness recounted what she saw.

“It all happened in a matter of seconds before I even had time to react,” testified the woman who recalled seeing the girl fling herself off the bastion, hit the walls some three times during the fall and finally land upon the unsuspecting victim who was seated below on that summer’s evening.

In a panic, the witness screamed and immediately called an ambulance.

The teen soon recovered after that failed attempt.

But her victim spent long days in hospital and in spite of undergoing physiotherapy, never recovered her mobility.

Prior to the incident, the woman suffered from cerebral palsy and epilepsy. However, that condition did not prevent her from leading an independent life.

It all changed after the incident and the woman, who is now living in a care home, is totally dependent on others, unable to carry out basic daily needs and gets by in an electric wheelchair which she operates with limited use of a single finger.

The court heard that her elderly parents incurred substantial expenses as a result of the incident and the social benefits she used to receive now go to the care home.

Teenager and her parents sued

The woman sued the person whose suicidal attempt had landed her in such a predicament and also the parents who were responsible for the girl since she was a minor at the time.

It transpired that at the time of the incident, the teen had been discharged from Mount Carmel Hospital just nine days before, after two previous suicide attempts.

The girl had been diagnosed with a ‘borderline personality disorder’ which psychiatrists said was characterised by various traits including recurrent suicidal behaviour, a pattern of unstable and intense interpersonal relationships as well as inappropriate intense anger or difficulty controlling anger.

The minor had been under psychiatric care since April 2008 after overdosing on medication. Her parents were well aware of their daughter’s problems since they had accompanied her on doctors’ visits.

The First Hall, Civil Court, presided by Mr Justice Francesco Depasquale, observed that the girl’s parents were to shoulder part of the responsibility for what had happened.

They had clearly allowed her to go out without any supervision or control, thus failing in their duty to supervise the minor under their care and custody.

In light of this conclusion, the court apportioned the blame for the incident between the girl and her parents at 60% and 40% respectively.

After considering the current state of the victim, the expenses incurred as well as medical testimony confirming that she was suffering from an 88% permanent debility, the court awarded her €190,000 in damages caused through negligence of the then-minor who had attempted suicide and her parents.

The Lands Commissioner and the Government Property Department Director, who were also sued since the incident took place on government property, were declared not responsible.