Damages awarded to traffic accident victim reduced on appeal

The Court of Appeal reduced the amount of damages awarded to the relatives of a victim of a fatal traffic accident by two thirds after the defendant argues the amount payable in damages was unreasonable.

In the early hours of 1 November 1993, at around 4:15am, Claudia Camilleri was driving her vehicle down Aldo Moro Street, Marsa. The driver lost control of the vehicle and crashed into an electricity pole. In the incident, passenger Antoine Brincat lost his life. His relatives and heirs sued for damages.

 Following the incident that claimed Brincat’s life, investigators revealed that the car was not covered by insurance which had lapsed some days before.

Inspector Gaetano Walker testified that no breathalyser tests were performed on the driver nor was she tested in any other way for alcohol levels in her blood. The witness told the court that on the scene, police found eight-metre brake marks, and signs that the car had first hit the pavement then hit the pole.

Camilleri was acquitted of criminal charges as it was not proven beyond reasonable doubt that she was responsible for the accident. However, the civil court rules on the balance of probability.

17 years later, in 2010, taking into consideration that Camilleri had been awake for over 12 hours and had probably consumed alcohol while out with friends, the Civil Courts awarded the plaintiffs €149,371 in damages. Camilleri appealed judgement, arguing she was not responsible for the incident and the amount of damages awarded was unreasonable.

The Court of Appeal, presided by Chief Justice Silvio Camilleri and Judges Tonio Mallia and Joseph Azzopardi, turned down the appellant’s arguments against her responsibility but upheld the appeal in relation to the amount awarded in damages. The Court reduced the amount of damages to €52,410.