The mother of a schoolgirl who died after he stepped in front of a car, suits the driver's insurer for compensation, including £ 20,000 for the loss of 'love and affection' of her daughter
Tragic Emica Jackson-Miller died of a traumatic brain injury 17 days after the accident in November 2021.
The 11-year-old walked home from school to her house in Torquay when she was hit by a car driven by Sarah Courtney.
An investigation into police accidents ruled that MS Courtney was not to blame for the accident.
An investigation was told that Emica had not checked whether the road was clear when she got out of high -sided parked cars.
But four years after the accident, Emica's mother Holly-Jade launched an offer for compensation and the driver's insurer sues.
She claims that Mrs. Courtney has not retained control of her VW car and her negligence caused her daughter's death.
Lawyers for the insurance company deny that the director was the fault and say that the accident was Emica's own fault.
Emica Jackson-Miller (left) died 17 days after the accident from a traumatic brain injury; Now Mama Holly-Jade (right) complains the insurer of the driver to Esure
An investigation into police universe ruled that Mrs. Courtney was not the fault of the accident
They insist that the young person suddenly stepped behind a highly parked vehicle, giving the driver no chance to prevent a collision.
They also claim that she was not waiting for a safe opportunity to cross the road and did not succeed in taking care of her own safety, so that the driver has no chance to prevent the fatal collision.
Emica walked home from school when the accident happened and she was rushed to the Torquay Hospital before she was transferred to the Bristol Children's Hospital, where she died on December 11, 2022.
The police investigation officer MPC Lucy Tyler-Jones told an investigation into the death of Emica: “For an unknown reason, Emica stepped on the path of the car on the left side of the driver without checking that the road was clear to cross.”
She told the hearing in Plymouth that there was no evidence that the driver had fallen under the standards of a competent driver and coroner Ian Arrow registered a judgment of collision on traffic.
Emica's mother claims compensation of £ 60,000, including for pain, suffering and loss of facilities before her death in the hospital, financial losses, lost personal articles and funeral costs, as well as a prize for mourning.
Displaces that it is liable to pay compensation and says that it should not pay for the funeral costs of £ 336.98, lost personal items worth £ 90, a mourning dependence of £ 15,120, compensation of £ 13,020 for pain, suffering and loss of its daughter and £ 20,000 and £ 20,000 is £ 20,000 and £ 20,000 and £ 20,000
The claim was provided by solicitors Horwich Cohen Coghlan ref pzm.
The defense was submitted by Jonathan Ormand van Keoghs.
