A WOMAN whose young daughter survived being hit by a car while crossing the road says she is the one deserving of compensation for trauma and anguish.
Ana Pereira has told the District Court her economic, social and sexual life has been ruined since her daughter, Emilie, was hit at a level crossing four years ago.
She says the car’s driver, Charles Sturt Council, the state’s Rail Commissioner and the SA Government should compensate her for ongoing hyper-vigilance and irritability.
But the defendants say Ms Pereira is solely to blame for her predicament because she let Emilie cross a busy road between cars while riding a scooter.
A statement of claim, filed by Ms Pereira and her husband Natalino, asserts Emilie, then 11, was struck while crossing Hawker St, Bowden, in May 2008.
The driver of that car, she says, was Thomas Bland.
“His vehicle collided with Emilie, forcing her into the air, bouncing off the bonnet and then falling on to the ground,” the document asserts.
“(Bland) failed to keep proper look-out, failed to exercise proper control of the motor vehicle (and) failed to apply his brakes in time.
“(He) drove without due care and attention (and) drove at a speed excessive in the circumstances.”
Ms Pereira claims the council and government agencies allowed the level crossing to remain “in an unsafe and dangerous state”.
She claims it lacked proper traffic control devices and did not allow pedestrians to cross safely.
“(My) injuries include post-traumatic stress disorder, hyper-arousal, sleep disturbances, hyper-vigilance, frustration and irritability,” the document asserts.
“(I have) pain and suffering (and) restrictions in my social, domestic, recreational, sporting, sleeping and sexual activities.”
She asks the court to calculate the damages to which she is entitled. In his defence papers, Mr Bland says fault for the incident rests with Ms Pereira.
“She permitted her child to cross the road when it was unsafe to do so … on a scooter,” his papers assert.
“She was inattentive in her supervision of the child.”
The City of Charles Sturt, the Rail Commissioner and the government agree, with supporting papers saying the crossing is safe. The case returns to court next year.
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