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Student to sue over slippery Kappara road

A Marsaxlokk student is suing the government and a landscape company after he destroyed his car in a crash which he says was caused by runoff water from the sprinklers at the Kappara roundabout.

Gulio Farrugia was on his way home last July 22 when his car skidded and slammed into an electricity pole, sustaining extensive damage.

It was about 4 a.m., there were few other cars on the road and he was driving his Nissan Almera at “normal speed”, Mr Farrugia claimed.

When he got to the southbound bend of the large roundabout, his car skidded. It veered in the direction of a concrete barrier, beyond which is a sheer drop of a few storeys, but Mr Farrugia managed to steer the vehicle in the opposite direction and ended up crashing head-on into an electricity pole on the strip separating the two carriageways.

In the process, he missed a couple of taxis travelling at speed in the direction of Paceville. “Luckily, my passengers and I came out of it with only slight injuries and a big shock but things could have ended up very differently”.

Yet, the damage to the car was substantial. Moreover, Mr Farrugia was not fully insured, which means he has to bear all the expenses – repairing the vehicle is estimated to cost about €5,000.

In the judicial protest filed last week by his lawyer, Owen Bonnici, Mr Farrugia insists there was no factor, other than the wet surface of the road caused by the sprinklers on the roundabout, which led him to lose control of his vehicle. There has been a wave of complaints about the risks posed by the roundabout’s sprinklers, which produce an uneven, wet and dry surface on an incline.

In fact, traffic expert Simon Micallef Stafrace had written in an article on The Times about the roundabout last year that the sprinklers could pose a danger to motorists. “Basically, any kind of substance thrown on a street may cause an accident. Now, if you’re talking about a road on an incline, the possibility of an accident occurring increases. Water on a curve on an incline is definitely hazardous,” Dr Micallef Stafrace said, adding it could cause vehicles, especially motorbikes, to skid.

His comment was supported by t he experiences of other motorists who had spoken to the newspaper.

The experience of Stefan Schembri echoed that of Mr Farrugia even in the details. Mr Schembri had recounted he was approaching the roundabout at about 4 a.m. when he suddenly lost control of his car.

“I don’t think it’s a good situation that we have oil coming from a nearby petrol station and then there are sprinklers exacerbating the problem,” Mr Schembri said.The roundabout i n question is managed by the Environmental Landscapes Consortium, which Mr Farrugia is suing along with the Resources Ministry and the San Ġwann local council.

ELC general manager Ronald Cuschieri, had told The Times some spillage would occur because the extreme edges of the turf had to be watered as well but the ELC tried to limit spillage as much as possible.Dr Cuschieri denied that the volume of water flowing onto the road was substantial or that this caused a problem in the area.

“Whatever the case, the volume of water involved does not make the road more slippery than when it rains,” he insisted.

“The truth is those who complain are in many instances speeding more than they should. Most do not seem to comprehend the need to keep in mind that the gradient of the road necessitates care and attention for their own safety at all times (water or not).”

The solution, Dr Cuschieri said, would be to have a buffer zone with no turf, making it unnecessary for the sprinklers to extend their reach to the edges of the roundabout.

When contacted about Mr Farrugia’s case, Dr Cuschieri said he preferred to make his comments in a judicial reply.

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    Andre Grech

    Jan 19th 2011, 12:41

    By the way the red car is not mine, I was on the other side of the petrol station

    Paul Bonavia

    Jan 19th 2011, 19:14

    You seem to have been driving too fast for the road conditions at the time. You know roads are slippery, so you should have driven mush slower!

    A. Grech

    Jan 20th 2011, 16:23

    as said the red car is not mine, believe me my car couldn't go fast not even when I wanted to hehe

    Pule' Carmel

    Jan 19th 2011, 12:12

    In connecting electronic devices I am used to what we call MATCHING IMPEDANCES to transfer maximum energy. In all the Roundabouts in Malta, I cannot think of one which is matched tothe environment, This one is the photograph, the palm trees are not structured to match, they are muchtoo high, muchtoo quickly around the perimeter and it is clear that there was no thought behind it all. The roundabout at Msida is also ridiculous as it offers no Majesty to the statue of the GWU, and anyway I do not like the communistic and Russian representation of Man Woman and Children depictied. The same with the Rabat/Saqqajja roundabout, the mixing of turf trees and statue is not exacly a masterpiece to behold,The woman could have been sculpted with a more classical bosom.The Church at Floriana could have been raised at least 3 metres above the granaries for, as it is way down below the granaries, it lost its Royalty , It sMagnificence, every church every monument should be looked up too!! In Malta we only raise the seats in courts or in ploitical meetings. It is about time we raised our standards inMATCHING our embelishments to the environment.( Wishful thinkiing!!!)

    Simon Vassallo

    Jan 19th 2011, 12:07

    If you have been living here for 22 years and still you have not learned that you should go very slowly while driving around a wet roundabout in Malta . . . . then my friend .... NO - YOU SHOULD NEVER QUALIFY FOR A REIMBURSEMENT .

    M Psaila

    Jan 19th 2011, 09:34

    I don't know if you are young enough to remember the roundabouts before they were embellished. They were more like dustbowls with maybe some rubbish thrown in for colour. It's true that we have a problem with water but the solution is to save more of it for use and not stop doing this and that.

    Fred Medhurst

    Jan 18th 2011, 10:53

    @Steve Cassar I have to dispute your method of avoiding the incident. Most modern cars these days are fitted with ABS and the correct use is to press hard on the brake pedal and keep it pressed. The ABS creates a cadence braking effect allowing the driver to steer (hopefully) around the object. The problem arises when the driver does not have faith in the computerised system and decides, as suggested by you, to release the brake pedal. By this time all but the most experienced of drivers would have time to cadence brake for themself thus an out of control vehicle.
    €5000 of damage at a normal speed? It must be an expensive car to sustain that kind of damage at 50kph in which case perhaps 3 party fire and theft isn't an apt policy. The driver attempted to skimp on the insurance then complains that an accident occurs (an accident !! the reason we buy insurance?)
    Maltese people were up in arms over a free holiday to a Spanish lady abused by a bus driver. I can only imagine what it will be like once everyone jumps onto the litigation bangwagon suing for everything they can.

    Katya Cassola

    Jan 17th 2011, 20:18

    LOL@ a borg.....veru ta....jew jilhaq jinsa li fetah kawza!!!

    Paul Borg

    Jan 17th 2011, 20:39

    Mr. Sant, 75 percent of motorists are insured on 3rd party F & T. meaning someone' else's insurance has to make good. That area has become a black spot.

    H.Calleja

    Jan 17th 2011, 12:31

    I ask you all: How many cars passed the same roundabout and did not skid? Was it reckless driving at that hour that was the real cause of the accident?

    ivan farrugia

    Jan 17th 2011, 22:20

    Nobody here is talking about the quality of the tyres..I live abroad and its not only important to change from summer tyres to winter but its also the law

    C. Borg

    Jan 17th 2011, 13:02


    Completely wrong Dr. Saliba, if you are driving in a downpour you drive much slower and paying attention because of the slippery road. In a dry road situation, you never expect to find a stream of muddy water going round a roundabout. And what's the time (4.00 am) go to do with it. Is there a curfew that everybody should be home by then!!!!!!

    Traskurajni par excellence by the authorities, because this has been happening for ages.

    D. A . Agius

    Jan 17th 2011, 13:07

    Probably you're the authority to sue, or actually, your mentality that if a student is out late he's not able to drive!

    Maybe he was just going early to the university to do some fitness training before studies and lectures, what do you know?

    Don't assume, maybe you know how to break its spelling and that's what you're looking like!

    D. A . Agius

    Jan 17th 2011, 13:11

    And if you know how t read, it was not a downpour but water sprinkled from the irrigation system in this roundabout.

    You don't need to have a doctorate to understand the difference!

    Mark Seychell

    Jan 17th 2011, 13:35

    Doctor Saliba,

    The prefix in your name does not portray any encouraging intelligence in the slightest

    C Spiteri

    Jan 17th 2011, 11:36

    I perfectly agreee. Irrespective of the speed one is driving, the water coming out from the passage between the nearby villas, and the sprinklers in the roundabout make the stretch of road really slippery. The ELC have recently tried to solve this dangerous spot but the problem still persists.

    Another dangerous zone is that stretch of road before entering the University tunnels where there are shrubs planted on the left of the northbound road just after passing St Phillips Hospital. The sprinklers spray water on the inner lane making the road really slippery.

    isabelle luca borg

    Jan 17th 2011, 11:00

    excuse me, but who are you to judge?!?!
    Of course us youths have heard about the highway code, most of us spend almost 2 years and 2000 euro (if not more) to learn it.
    A month ago I was driving in Marsa when the same thing happened - the motorcyclye in front of me skidded, the guy fell on the floor, I pressed my breaks and found NOTHING! my car was out of control and the only choice I had was to slam into the pavement and ruin my wheel, or squash the poor guy.

    We were in slow moving traffic and our speeds were of not more than 30 km per hr.

    Is that not reasonable enough for you?

    How can you even say that Mr.Farrugia was travelling at a high speed?

    I trust that Mr.Farrugia is an honest, genuine driver and I would assume, that unless he has money to throw away (which from the article, doesn't look like it) he wouldn't have gone through all the expenses and hassle of the courts and such if he didn't have a good and solid argument.

    he w

    D. A . Agius

    Jan 17th 2011, 13:08

    the water is sprayed or sent out in mid air due to wind. it's not a simplye gutter issue.

    Cynthia Bonnici

    Jan 17th 2011, 13:47

    Experts R. Borg? I say IDIOTS with capital letters. They have narrowed the roads to make them single lane which frustrates people held up behind big vehicles in summer heat while having a Jumbo landing strip in the middle. There are countless examples but if one goes to Paola Valletta road which is not one way has been narrowed to two lanes by constructing a very wide pavement apart from vehicle parking. This is a disgrace which should be removed. Why should there be some 5 metre or more wide pavement in an arterial road? This is the madness that IDIOTS at TM are perpetrating on the Maltese people.

    M.Bezzina

    Jan 17th 2011, 10:30

    4yr info I had the opportunity to have a ride in UK and USA on a high speed lane in a murky weather!!!The traffic was easy going like a normal day!!I haven't seen a car crash.

    Robert Spiteri

    Jan 17th 2011, 10:37

    M. Spiteri,

    When it rains it is an act of God but you could still sue the Government if the road does not have enough grip or its camber is in the wrong direction (as are many roads in Malta).
    When you are travelling on a dry road and come onto a wet surface you will certainly be faced with more challenging conditions.
    If one wheel is on a dry surface and the other on dry your car will oversteer.
    So when it rains it is safer than if the road surface is partially wet at certain points.

    Mark Farrugia

    Jan 17th 2011, 16:50

    Mr/Ms Mamo. I would like to point out that this is a main thoroughfare and unless shown otherwise, the national speed limit of 80kph applies. I cannot remember correctly if any speed limit is applied from the road coming from PV however I am definitely sure that the road coming from Birkirkara etc has no speed limitations thus it is at 80kph. Reason dictates that at least at the last stretch of the downhill road leading onto the roundabout should be the same. Under normal circumstances this should be fine. @ AAzzopardi: When it rains people generally drive at lower speeds therefore 'normal' in wet conditions is slower than 'normal' in dry conditions. Only madmen drive at high speeds when it rains. However in this case it wasn't raining, the driver found himself suddenly into a wet patch of road that was enough to make him lose control of the vehicle.

    Ruben Hili

    Jan 19th 2011, 13:45

    @Mark Farrugia

    Do you usually drive and turn a round about at 80km??? Come this is just a case of irrisponisble driving. A good driver must forecast the danger zone of our roads. Everyone knows that there can be water on that part of the road .... this is not the first time that there is water over there ...so the only one to blame is the careless driver. Let say that there was no water ...but there was an oil spil or someone crossing from there.....then whom are you going to blame......Drive slowly mate!!!!

    jesmond c

    Jan 17th 2011, 09:47

    i pass from that road 2 x a day and it's very slippery and i had two similar accident, to make the roundabout nicer all the water from the sprinklers going in the streets, and it's not the only place, water mixed with diesel, oil good coctail for an accident, and i would like to mention something alse the new tv boards at marsa all that light in the evening to make advertisments, who's responsible for all this.

    Chris Spiteri

    Jan 17th 2011, 10:05

    Same happened to me in Blata il-Bajda. While I was going to Marsa direction, when I turned that little curve before the Bus Stop the rear part of my car slipped. Since I was going with an average speed I managed to control my vechile.

    D.Galea

    Jan 17th 2011, 22:38

    Why don't you contact him and offer yourself as a witness instead of just wishing him luck and living him alone to deal with it? This is what people in more "advanced" societies do.

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