The heirs of a 17-year-girl who was run over and killed while crossing the Mriehel Bypass in 2005 have been awarded €237,431.25 in damages.

Driver Ivan Cutajar was found to be totally responsible for the accident when Emma Marie and Graziella Fenech were run over.

David and Mary Carmen Housley and their son Craig filed their action against Mr Cutajar.

They told the court that their 17-year-old daughter Emma Marie was crossing the Mriehel Bypass, Qormi on August 21, 2005 when she and 13-year-old Graziella Fenech were run over and killed.

According to plaintiffs, Mr Cutajar was wholly responsible for this as he had been driving at excessive speed and in a dangerous manner.  They requested the court to order Mr Cutajar to pay them damages.

On his part, Mr Cutajar pleaded that Emma Marie was responsible for this accident as she had crossed an arterial road at a dangerous spot without taking due precautions.

Mr Cutajar told the court that he had been driving at a speed of between 60 and 70 kilometres per hour and that he had not seen the girls crossing the road.

Mr Justice Anthony Ellul  dismissed Mr Cutajar's submissions.

In his judgement, he pointed out that the road in question was an arterial and principal road and that it had been well lit.

Photographs of the scene showed that the road lights were functioning, contrary to Mr Cutajar's claim that the road was in pitch darkness.

The court added that Mr Cutajar had no right to assume that this was a road which was not crossed by pedestrians, for there was a pavement along the road, and it was near to a residential zone.

The court added that it was impossible that Mr Cutajar had been driving at a speed of between 60 and 70 kilometres, for he had left brake marks which were 102 metres long.

A true case of the maxim speed kills

Mr Cutajar had been driving at a speed which did not permit him full control over his vehicle, the court argued adding that this was a true case of the maxim "speed kills".

In liquidating the damages suffered by the Housley family, the court took into consideration Emma Marie's age at the time of the accident and estimated that her average earnings, over the normal course of a lifetime would be in the sum of €15,000 per annum.

Mr Justice Ellul found Mr Cutajar totally responsible for the accident and ordered him to pay the Housley family EUR237,431.25 in damages