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Wedgwood did ?what the average driver would have done?

When six-year-old Tyaisha Cox was taken to King Edward VII Memorial Hospital at 8.10 a.m. on August 7, 2003, she was deeply comatose, unresponsive and clenching her teeth.

As Crown counsel Juan Wolffe read the Bermuda Hospitals Board documents written by Dr. Andrew Spence and Dr. Edward Schultz in court yesterday, defendant Melanie Wedgwood sat crying and was visibly upset.

Wedgwood, 43, is being charged with driving without due car and attention after striking Tyaisha on a pedestrian crossing on St. Mary?s Road in Warwick in August, 2003.

According to the medical documents, Tyaisha had abrasions on her forehead and some of her upper teeth had been torn away.

?Shortly after her arrival she had a seizure on her right side,? Mr. Wolffe read.

The girl was connected to a heart monitor, two intravenous tubes and a catheter.

An X-ray was performed in the emergency room and a CT scan showed a severe brain injury and swelling.

She was placed in a barbiturate coma to see if the cerebral pressure would go down, however, she showed no response.

?By now the patient obviously lost all cerebral function,? he read. At 4 p.m. the following day, in the presence of her parents and grandparent, doctors declared the girl brain dead saying the cause of death was a massive secondary head injury.

In a turn of events, accident investigator Sgt. Philip Lewis of the Bermuda Police Service gave evidence in court that he could find ?no evidence of dangerous driving or recklessness on the part of the driver?, but said it was against the law to overtake on a pedestrian crossing.

Sgt. Lewis added that the placement of the bus stop with no lay-by or sidewalk, and a pedestrian crossing that potentially allows or permits pedestrians to walk in front, or behind a large bus is a hazard to all road users.

?When pedestrians alighting from the bus then proceed to cross the crossing before bus resumes travel, the hazard becomes a danger,? he said.

In closing he said Wedgwood did ?what the average driver would have done under similar circumstances,? adding that she did not have a chance to exercise any avoidance or evasive manoeuvre prior to hitting Tyaisha.

The six-year-old and her brother had disembarked from a bus and were crossing the pedestrian crossing directly in front of the bus when Tyaisha was struck by a jeep driven by Wedgwood.

Sgt. Lewis had also testified that Tyaisha had been hit and ?dragged? almost 20 feet by Wedgwood?s jeep and that Wedgwood had not stopped for another 20 feet.

He added that there had also never been any break marks on the road before or after the point of collision.

When questioned by Magistrate Edward King, Sgt. Lewis told the court that the jeep?s bumper had hit Tyaisha in the head and along the right side of her body.

According to P.c. Victor Fishington, Wedgwood told Police during on August 9, 2003 that she heard the ?bump? and realised that she?d hit something, but never realised what it was.

She also did not realise she had driven the jeep over the little girl?s body or dragged her 20 feet.

Police also quashed rumours that Wedgwood had been talking on a cellphone when she hit Tyaisha and could find no proof that she even owned a mobile telephone.

Summarising his closing arguments, Mr. Wolffe told the court that Wedgwood should be convicted for driving without due care and attention because she did ?absolutely nothing to ensure that no danger was caused by her overtaking the bus? and that was evident by the fact that she hit the girl while she was walking over the crosswalk.

Wedgwood?s lawyer, Saul Froomkin, will give his closing arguments in the Magistrates? Court this morning.