Retrial ordered for serious accident
The Supreme Court of Cyprus ruled on 24 March 2026 to reopen a case involving a serious traffic accident from 1995. The victim suffered severe injuries, becoming quadriplegic and losing the ability to speak after being struck by a vehicle while crossing Morphou Avenue in Archangelos.
Background of the case
Initially, the victim’s wife filed a claim against the driver for negligence. The lower court dismissed the case, and the Supreme Court previously upheld that decision, noting the tragic circumstances but recognising no legal liability on the part of the driver.
The wife then filed a new case against the Attorney General and the Lakatamia Municipality, arguing that their failure to provide street lighting and pedestrian crossings created a clear risk of fatal accidents. The lower court rejected this claim as an abuse of court process.
Supreme Court overturns dismissal
The Supreme Court found the lower court erred in dismissing the case as abusive, stating:
“The primary reason for appeal, arguing that the lower court wrongly rejected the claim due to abuse of process, is valid and succeeds.”
The court noted that the lower court failed to evaluate evidence or examine liability, ignoring the victim’s severe injuries and the question of general damages. It also upheld the third ground of appeal, challenging the lower court’s handling of specific damages claims.
Case to be prioritised
The Supreme Court concluded that all grounds of appeal by the victim’s wife are well-founded and set aside the lower court’s decision entirely. It ordered a retrial of the case, which will now take precedence in the court schedule.
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