Damages award for traffic accident injury

A man injured in a traffic accident has been awarded over Lm21,000 in damages by Mr Justice Joseph R. Micallef in the Civil Court.

Evan Xuereb filed his writ against Vincent Spalding and SMS Insurance Agency Ltd, on behalf of the foreign company Ecclesiastical Insurance Office plc, later intervened in the suit.

Xuereb claimed he had been injured on June 3, 2001 when Spalding, who was driving a Ford Escort in Kalkara, collided with his car.

The impact had been large and a number of persons had been injured.

The police had requested a magisterial inquiry into the case and the court-appointed experts had concluded that Spalding's car had defective brakes. It was therefore clear that Spalding was totally responsible for the accident, as he had been speeding in a car with faulty brakes.

As a result of the accident, Xuereb, who was a 27-year-old teacher at the time, sustained a permanent disability and had decreased vision in his right eye. The court-appointed medical expert had established that Xuereb had a 10 per cent permanent disability.

In liquidating the damages, the court noted that Xuereb had a fixed income as a teacher, and that he also gave private lessons.

After taking Xuereb's income into consideration, the court awarded plaintiff Lm21,513 in damages.