€45,000 for tourists in hire car fire incident

Two US tourists, who thought they were going to die when their hired Fiat Punto burst into flames, have been awarded more than…

Two US tourists, who thought they were going to die when their hired Fiat Punto burst into flames, have been awarded more than €45,000 damages in the Circuit Civil Court.

Judge Desmond Hogan heard that Ms Ilana Batnitzky (34), a vice-president with Allied Irish Bank in New York, and her sister, Adina (26), a volunteer with the US Peace Corps in Morocco, had decided to meet in Ireland for four days in October 1999.

They had rented an almost-new Fiat Punto with 8,000 miles on the clock from Dan Dooley Ltd, Knocklong Cross, Co Limerick, and were queuing to enter the grounds of Powerscourt House, Enniskerry, Co Wicklow, on October 9th when a ticket seller noticed their car was on fire.

Ms Maeve Colfer said she was in the gate-lodge ticket office when she saw "big droplets of fire" falling between the front wheels of the car. She had shouted at the two occupants but they did not hear her so she ran to them and shouted: "Get out of the car, it's on fire."

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She said flames quickly started "licking up the side of the car" and the tarmacadam underneath it was going on fire. She was concerned for the safety of the two women. It had been a very frightening experience.

The whole burning process had been very quick and the car had been completely burned out.

Ms Ilana Batnitzky told her counsel, Mr Marcus Dowling, she and her sister considered themselves very lucky to be alive.

She said their holiday had been ruined. All of their luggage had been destroyed and all they were left with at the time was the clothes they were left standing in.

She said Dan Dooley's son, Pat, had given them £400 (€510) to tide them over but they did not hear from him again about a "plan of action" to recover their losses. They had turned down the offer of a replacement car.

Ms Adina Batnitzky said she had suffered nightmares and post-traumatic stress disorder following the fire.

Although she had a full US driving licence, she had to take driving lessons again to try to regain her confidence. She had undergone counselling.

Mr Hugh O'Keeffe, for Fiat Auto (Ireland) Ltd, said the company, while denying liability, was indemnifying Dan Dooley Rent A Car.

Fiat accepted the women had suffered all items of special damage claimed and had suffered a very traumatic experience.

Judge Hogan said he was satisfied from Ms Colfer's evidence and the engineering evidence that it was most probably a fuel leak that had caused the fire.

He awarded Ilana €20,970 and Adina €24,250 and their legal costs.