€55,000 awarded to heirs of accident victim

The heirs of an 18 year old man who was killed in a traffic accident in 2002 have been awarded over €55,000 in damages by Mr Justice Joseph Azzopardi in the First Hall of the Civil Court.

The action for damages was filed by the heirs of Joseph Gabriel against Jean Paul Farrugia and against Clive Ellul.

The accident occurred in March 2002 in St Andrew's Road, Swieqi and involved cars driven by Mr Farrugia and by Mr Ellul. Mr Gabriel had been a passenger in Mr Farrugia's car.

From the evidence produced, the court concluded that the accident had occurred because Mr Farrugia's car was being driven on the wrong side of the road. Mr Ellul had swerved to avoid the other car and had driven into a tree on the roadside.

The court heard that Mr Farrugia and his passengers had been drunk at the time of the accident.

Mr Farrugia was found to be responsible for the accident. However, the court noted that Mr Gabriel had not been wearing a seatbelt and that this was a factor which would impinge upon the damages award.

The court concluded by ordering Mr Farrugia to pay €55,815.49 to Mr Gabriel's heirs.