Payout victory for road victim

“Children can do silly things”, a top judge said as she guaranteed full compensation for an Oldham teenager who was hit by a car while playing football in the street.

Malachi O’Connor’s case raised crucial issues on the extent to which children should be expected to look out for themselves and the standards of safety required of motorists.

Malachi, then aged just nine, and other boys were having a kick-about in Clay Street, Oldham, when he was hit on April 28, 2001.

He was on the opposite side of the road from his friends when he kicked the ball against a wall and took a step over the kerb where his left ankle was run over by motorist, Colin Stuttard.

Malachi, now 18, was left permanently disabled by devastating fractures to his calf and ankle joint and Appeal Court judges yesterday handed him the right to up to £50,000 in damages after ruling that Mr Stuttard, also from Oldham, had been negligent.

Mr Stuttard’s lawyers argued he did all that could be expected of a careful driver by slowing down to just 5mph when he saw the boys — but the Appeal Court today ruled he should have done even more, by sounding his horn, or even stopping completely.

Dame Janet Smith said there was more than a remote chance that Malachi might lose control of the ball and step back off the pavement into the car’s path.

“Mr Stuttard was, in effect, driving through a playground. The duty upon him was accordingly high,” said the judge, who was sitting with Lords Justice Rix and Lloyd.

“Children can do silly things, but in my judgment, it behoved Mr Stuttard to ensure that Malachi was aware of his presence and was keeping still before he proceeded. If that meant stopping the car, so be it.

Ruling in Malachi’s favour, the judge concluded: “In my judgement, on the basis of the facts as found, Mr Stuttard was negligent”.

The Appeal Court’s ruling means Malachi’s case will now proceed to a further hearing for the amount of his damages to be assessed, unless final settlement terms are agreed before then.