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Legal battle for injured toddler in car accident

Posted in: Car Accidents Head and Brain Injuries Road Traffic Accidents Wrongful & Accidental Death 

A legal bid for compensation has been launched by the lawyers of a toddler who was left with extremely serious injuries following a tragic car crash in which her mother was killed.  Cora-Lynn Kelley-Mattock of Aberporth, Ceredigion, was two at the time her 19-year-old mother, Josephine, lost control of her Volkswagen Polo in Llandygwydd in 2013. The young mother sustained brain injuries and died of her injuries on Boxing Day, 3 days after the accident. Cora-Lynn, now aged four, sustained very serious head injuries which has left her severely disabled. Details of the case came to light in a High Court writ submitted by James Bell, Cora-Lynn’s barrister.

Injuries sustained as a result of negligence

Lawyers representing the toddler are claiming that the girl’s injuries were sustained as a result of negligence on behalf of her mother. Her mother’s insurers, however, are claiming that negligence is not admitted.  Mr Bell described how the car left the road at the approach to the Llwyndryrys residential home, near Cenarth, Carmarthenshire. The car drove over a grass verge and “collided heavily sideways with a dry stone wall”.  They are claiming that the two-year-old had not been adequately strapped into her seat, and that Miss Kelley had not paid heed to speed warning signs and was driving too fast in damp conditions.

A verdict of death by misadventure was issued at Aberystwyth County Court by Ceredigion Coroner Peter Brunton in June 2014. The coroner recognised that Miss Kelley may have been distracted by her daughter or swerved to avoid another vehicle. Glyn Edwards, representing Miss Kelley’s estate and motor insurers, acknowledged the facts of the accident but pointed out that negligence had not been admitted.  They stated that they needed proof that Miss Kelley’s actions had been negligent, and they also required proof that there was not a defect in the child car seat.

The contents of the writ have still to be tested by a judge.

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