Mother who lost two-year-old in traffic accident awarded €208,477

The mother of a two-year-old girl who died in a fatal traffic accident in January 2005 was awarded €208,477 in damages.

Marthese Vella was walking along the pavement in Ghammieri Street, Qormi, with her daughter in a pushchair. 18-year-old Karl Micallef was driving a flower delivery van, down the same road. The van, which was unlicensed and uninsured, belonged to his boss Joseph Azzopardi.

According to Micallef’s version of events, Azzopardi had called him on his mobile phone demanding an explanation as to why he was late for work. Subsequently, the driver skidded and hit the mother and child.

Vella, who at the time was 28, suffered a 40% permanent disability, but her baby succumbed to the injuries.

The mother sued Micallef and Vella. In 2008, after the setting up of the Protection and Compensation Fund, the Motor Insurers’ Bureau intervened in the case.

The Court that how the driver had got his license two months prior to the incident and was working at the flower shop for a trial period. The van’s owner claimed he had failed to pay the insurance and license due to tight finances.

A court expert’s report read that at the time of the accident the road was wet with dew, but that the impact on a side wall was evidence that the car was being driven at excessive speed.

Mr Justice Mark Chetcuti ruled that both Micallef and Azzopardi were responsible for the incident. The youth was allowed to drive a vehicle which Azzopardi knew was neither licensed nor insured. “As an employer, Azzopardi did not exercise diligence and caution, even if he knew Micallef was an inexperienced driver,” the judge said.

Considering that following the incident, the mother was not fully physically independent and would find it difficult to work in the future, the court awarded Vella €133,477 in damages.

The Civil Court also assessed the death of Hayley Anne Briffa and awarded the family €150,000 in damages. Following the death of a minor, half of her estate goes to her parents while the other half is inherited by any other siblings. The parents had separated about 10 months after the incident, but the father had granted his wife all compensation which could result from the case. Being the heir of half her late daughter’s estate, the mother received  €75,000.

The couple’s other daughter, Celine, had not been legally represented in the case and could not be awarded any damages.

Mr Justice Mark Chetcuti ordered that vehicle owner Joseph Azzopardi and driver Karl Micallef pay a total of €208,477 to Marthese Vella.