Court reduces damages over 1998 Gozo road accident

A woman who was found partly guilty of causing a traffic accident, in which a six-year-old boy lost part of his left foot, had the damages she was ordered to pay cut by about €30,000 to jut under €119,000.

The Gozo court had awarded Lm64,200, or €149,512, in damages to the victim's family in October 2006 after it concluded that Marita Mercieca was responsible for 70 per cent of the damages sustained by Matthew Xerri during the accident.

The boy was riding a bicycle in 1998 when he was hit by a car driven by Ms Mercieca, as a result of which part of his left foot had to be amputated.

The victim and his brother, who was 11 years old then, were not supervised at the time of the accident.

The Gozo court had concluded that Ms Mercieca had been distracted while driving and hit the boy because she failed to keep a proper look out.

But the boy had also been partly blamed for the accident because he drove the bicycle onto the road and into Ms Mercieca's path. Even his parents, Andrew and Maria Antonia Xerri, were partly blamed for not taking adequate care of their son.

Ms Mercieca appealed as did the parents.

On appeal, the court declared that it had no doubt that both parties had contributed towards the accident and both were at fault.

No evidence had been produced to show that Ms Mercieca had been driving at excessive speed but she had not kept a proper look out. The court also found that the parents had not properly supervised their son and that neither of the parents was at home when the accident took place.

In conclusion, the court reduced the damages payable by Ms Mercieca, ordering her to pay €118,809.92 to the Xerris.