Girl withdraws claim over go-kart injury because of lack of evidence

The judge said he was sorry that he could not give Kelsie Crawford and her mother a happier Christmas

It was claimed that a car collided with the rear of the go-kart in which Kelsie was travelling and she was flung into the air. File image

A young girl who sued a driver after she was knocked off a go-kart in a Dublin housing estate has withdrawn her claim at the High Court.

Mr Justice Michael Hanna told Kelsie Crawford and her mother it was a wise decision to withdraw the case and he told them if the evidence wasn’t there, it wasn’t there.

The judge said he was sorry that he could not give them a happier Christmas.

Kelsie Crawford, aged 15, Cherry Orchard Crescent, Ballyfermot, Dublin, had through her mother Vicky Doolin Crawford, sued the driver of a car, namely Elizabeth Malone, Clogherinkoe, Co Kildare, over the incident at Lough Conn Drive, Ballyfermot, Dublin on November 3, 2015.

It was claimed that Ms Malone’s car collided with the rear of the go-kart in which Kelsie was travelling and she was flung into the air. It was further claimed there was an alleged failure to stop, slow down, swerve or in any way control or manage the vehicle so as to avoid the collision.

A full defence was filed and Ms Malone contended the go-kart came at speed from behind a wall and a parked car and it was an unfortunate incident.

Opening the case, Gerard Tynan SC for the young girl, said she had been playing at a friend’s house.

He said she was knocked unconscious in the incident but a CT scan later was normal. Counsel said the girl later suffered headaches and in the accident had broken ribs and her collarbone. 

Kelsie, he said, had no memory of the accident. Counsel said his side would argue there was no reason the driver could not have seen the child.

Witness testimony

Mr Eric Doyle who saw the incident told the court Kelsie was propelled from the go-kart. He told the court there was no reason why the driver could not have seen the children on the road.

Micheal O’Scannaill SC, for the driver, in cross-examination put it to Mr Doyle there were cars parked on both sides of the street. Counsel said the driver would say there were cars parked on both sides of the road and he asked Mr Doyle if she was wrong. Mr Doyle replied 'yes'. 

Counsel put it to the witness that the garda who came on the scene recalled there were cars parked on both sides of the road. Mr Doyle replied the cars could have come after the incident happened. He said he had not seen any cars on the road.

Asked about the matter by the judge, Mr Doyle said he was not paying attention to cars parked on the road.

Mr Doyle agreed with Mr O’Scannaill that it was likely he was mistaken on the matter and he agreed the presence of cars on the road was significant.

Counsel said the driver would say the go-kart came from behind a wall and a parked car at speed. Mr Doyle agreed the go-kart drew his attention and he did not expect it. 

He said he heard “the brakes stopping.” Counsel put it to him if the driver was driving at speed, she would not have been able to stop the car. Mr Doyle said he did not know. Asked why he had not told the gardaí he was a witness to the accident, Mr Doyle said he had never thought of it.