Man wins €100,000 over pothole injury
The council had warned about state of the road.
A court yesterday ordered Transport Malta to pay almost €100,000 in damages to a man who suffered disabling head injuries in a traffic accident caused by a pothole.
The judgement was delivered by Mr Justice Lino Farrugia Sacco in a case filed by Anthony Azzopardi and his son Dominic against the transport regulator.
The accident took place in December 2007 in Mdina Road, Żebbuġ. Dominic Azzopardi was driving his father’s car when he crashed as a result of a pothole surrounding a deep culvert.
He suffered serious head injuries that led to permanent disability and the car was deemed a total loss.
The judge pointed out that although the regulator had failed to submit a formal reply contesting the Azzopardis’ claims, it eventually filed written submissions contending that there was no direct link between the pothole and the accident and instead blamed the accident on excessive speed.
The court found that Transport Malta could not exclude its liability without producing any evidence and then making unsupported allegations.
Moreover, a few days before the accident, the Żebbuġ local council had written to the authority complaining about the dangerous state of Mdina Road and, in particular, about the culverts in this road.
Had the regulator followed up on the complaint and repaired the road, the accident might not have occurred and Dominic Azzopardi would not have incurred serious injuries, which were estimated to constitute a 29 per cent permanent disability.
Transport Malta would also have avoided incurring expenses which, ultimately, would be borne by the tax payer.
The court found the regulator responsible for the accident and ordered it to pay €900 to Anthony Azzopardi as compensation for the loss of his car and €95,838.98 to Dominic Azzopardi as damages for the permanent injury he had suffered.
Lawyer Ian Spiteri Bailey appeared for the Azzopardis.