A nurse involved in a road accident which caused "catastrophic" injuries to her two-year-old niece could have been distracted by her mobile phone, a High Court judge has found.
Mr Justice Stephens also identified negligence surrounding the booster seat and seatbelt used to strap in the child before the crash in Co Down.
However, he ruled that liability was established against a van driver who collided with their car on the Rubane Road, Kircubbin in August 2014.
The child, who is now aged four and given anonymity, suffered serious spinal and abdominal injuries.
With an assessment of damages put on hold, a preliminary hearing centred on issues of liability.
Both motorists gave conflicting accounts of how the frontal collision occurred, blaming each other for drifting from their respective sides of the road.
Mr Justice Stephens said the girl's aunt had a mobile phone in the Volvo car but no hands-free device and six calls were made to her husband during the journey - most of which did not connect.
However, he stressed that it had not been alleged that the aunt was connected to another phone at the time of the crash.
Lawyers for the van driver also claimed the use of an inappropriate child seat caused or contributed to the child's injuries.
Mr Justice Stephens rejected evidence from the aunt that the girl's father approved the booster seat.
Describing the nurse as untruthful on some issues, he said: "I have found that she was tired, though not excessively so, after an 11-hour night shift and I have found that she could have been distracted by her mobile phone."
Despite this, he backed her account of how the collision occurred.
The Volvo was on the correct side of the road when the van veered over, according to the judge.
The driver of the van and its owners are liable to the child, he said.
The judge added that the "issue as to whether the first defendant (the aunt) is also liable to the plaintiff awaits determination as to whether this caused or contributed to the plaintiff's spinal or abdominal injuries."
