A YORK man is being sued for more than £50,000 by a 16-month old girl, whose father was killed in a motorcycle accident before she was born.

Justin Brosenitz, of Eldwick Close, York, is being sued under the Fatal Accident Act 1976 by Paula Hemmons on behalf of her daughter, Lily, following the death of Richard Harris in August 2000.

Miss Hemmons, 32, of Worcester Park, Surrey, found out she was pregnant two days after the accident, in which Mr Harris's motorcycle was in collision with a car being driven by Mr Brosenitz at a roundabout in Crawley, West Sussex.

Now she said she wants to make sure her daughter, who was born in April 2001, is provided for as she grows up.

She said: "It's not money for myself, it's nothing to do with me. It's all for Lily, but because she's under age I have to do it on her behalf.

"It's for her upbringing because she's missed out."

Mr Brosenitz, who used to run the Nags Head, in Micklegate, York, confirmed that he was being sued in relation to the accident, but declined to comment further.

London-based solicitor Samantha Killip, who is representing Mr Brosenitz's insurance company, Royal and Sun Alliance, in the action, said: "Civil proceedings are in progress so the matter will be resolved either by a court hearing or by earlier agreement. Discussions are taking place."

Tracey Storey, who is handling the case for Miss Hemmons, said she was expecting to hear from Ms Killip by the end of September.

Ms Storey said that Mr Brosenitz was convicted of driving without due care and attention following the accident, but the facts of the accident were still in dispute.

Miss Hemmons could not bring a claim for herself because she was not married to Mr Harris, who was a mechanic, and they were not living together at the time of the accident.

They had been together for more than six years and had tried unsuccessfully for a baby.

Proceedings began after Lily was born in April 2001, and a DNA test was carried out to determine paternity, using a stored sample of blood from Mr Harris.

Updated: 15:06 Thursday, August 29, 2002