Transport Malta has been ordered to pay almost €100,000 in damages to a man who suffered head injuries in a traffic accident which was caused by the bad state of a road.
Mr Justice Lino Farrugia Sacco delivered this judgment following an action for damages filed by Anthony Azzopardi and his son Dominic against Transport Malta.
The accident took place in December 2007 in Mdina Road, Zebbug.
Dominic Azzopardi was driving his father's car when he crashed as a result of faulty culverts and large potholes. His son suffered serious head injuries leading to a permanent disability as a result of the crash. The car was deemed a total loss.
Mr Justice Farrugia Sacco pointed out that although the TM had failed to submit a reply contesting the Azzopardis' claims, the Authority had then filed written submissions contending that there was no direct link between the state of the road and the accident.
The Authority also claimed that excessive speed on the part of Dominic Azzopardi had contributed to the accident. But the court found that TM could not exclude its liability by not producing any evidence and then making unsupported...
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