A Limassol driver who originally faced a €219,375 compensation bill after hitting a pedestrian has won his appeal. The Court of Appeal threw out the entire award and sent the 15-year-old case back for a fresh hearing before a different judge.
The District Court had held the driver 100% liable and ordered him to pay €200,000 in general damages plus interest, €19,375 in special damages plus interest, and full legal costs.
The three-judge Court of Appeal found the original judgment deeply flawed. Judges criticised the trial judge for accepting the pedestrian’s claim that “no vehicles approached” despite 200-metre visibility, concluding she either failed to look properly or stepped out suddenly. They also ruled the judge unfairly dismissed the driver’s evidence over minor inconsistencies while overlooking his consistent police statement given hours after the crash.
The court stressed that the original decision relied on speculation rather than proven facts to place sole blame on the driver, who was driving at 81 km/h in a 50 km/h zone. It further noted that parked cars restricted visibility for both parties.
The Court of Appeal quashed the entire award and costs order, awarded the driver €4,200 + VAT in appeal costs, and ordered a full retrial from scratch.
Also read: Driver arrested for speeding on motorway at 180km/h
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