The mother of a schoolgirl who died after stepping out in front of a car is suing the driver’s insurer for compensation, including £20,000 for the loss of her daughter’s ‘love and affection’
Tragic Emica Jackson-Miller died from a traumatic brain injury 17 days after the accident in November 2021.
The 11-year-old was walking home from school to her home in Torquay when she was hit by a car driven by Sarah Courtney.
A police accident investigation ruled the Ms Courtney was not at fault for the accident.
An inquest was told Emica had failed to check if the road was clear when she stepped out from between high sided parked cars.
But four years after the accident Emica’s mum Holly-Jade has launched a bid for compensation and is suing the driver’s insurer Esure.
She claims Ms Courtney failed to keep control of her VW car and her negligence caused the death of her daughter.
Lawyers for the insurance company deny the driver was to blame and say the accident was Emica’s own fault.
They insist the youngster suddenly stepped out from behind a high-sided parked vehicle, giving the driver no chance to avoid a collision.
They also claim she did not wait for a safe opportunity to cross the road and failed to take reasonable care of her own safety leaving the driver with no chance to avoid the fatal collision.
Emica was walking home from school when the accident happened, and she was rushed to Torquay Hospital before being transferred to Bristol Children’s Hospital, where she died on December 11 2022.
Police investigating officer MPC Lucy Tyler-Jones told an inquest into Emica’s death, “For an unknown reason, Emica stepped into the path of the car on the driver’s left-hand side without checking to see of the road was clear to cross.”
She told the hearing in Plymouth there was no evidence that the driver had fallen below the standards of a competent driver, and coroner Ian Arrow recorded a verdict of road traffic collision.
Emica’s mum is claiming damages of £60,000 including for pain, suffering and loss of amenity before her death in hospital, financial losses, lost personal items, and funeral expenses, as well as an award for bereavement.
Esure denies that it is liable to pay damages, and says it should not pay for the funeral expenses of £336.98, lost personal items worth £90, a bereavement award of £15,120, damages of £13,020 for pain, suffering and loss of amenity, and £20,000 for the loss of her daughter’s love and affection which Ms Miller is seeking.
The claim was issued by solicitors Horwich Cohen Coghlan ref PZM.
The defence was filed by Jonathan Ormand of Keoghs.