Court awards €55,000 damages to heirs for drink driving death

The heirs of an 18-year-old man who died in a traffic accident caused by a drunk driver seven years ago were yesterday awarded over €55,000 in damages.

However, the damages would have been more substantial had the victim been wearing a seatbelt.

The court heard that in March 2002, in St Andrews Road in Swieqi, a traffic accident occurred between two cars, one driven by Jean Paul Farrugia and the other by Clive Ellul.

The victim, Joseph Gabriel, was 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 in fact swerved to avoid the other car and had driven into a tree at the roadside.

The court heard that Mr Farrugia and his passengers were drunk at the time of the accident. Mr Farrugia was found to be responsible for the crash.

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.

Lawyers Jose' Herrera and David Camilleri appeared for Mr Gabriel's heirs. Lawyer Neville Camilleri appeared for Mr Ellul.