Mr Barr, 81, from Middletown, Gweedore is being sued in the civil court after his car swerved into another vehicle resulting in spinal injuries to a child.
The case was in its third day before lawyers for the Director of Public Prosecutions expressed concern about how safe it was to proceed this afternoon.
Lawyers pointed out that criminal charges are to be brought against Mr Barr in July at Letterkenny Circuit Court arising out of the same incident.
Mr Barr lost his own wife in the crash and claims he’s not liable because the incident was caused by a medical ailment.
He is being sued by Ronan McGarvey the father of 7 year old Noirin who is in a wheelchair as a result of the crash near Dunlewey on May 27th 2008.
In the first case of its kind, the 81 year old defendant says he lost control of the car because of a medical ailment and he’s arguing he should be indemnified by his local GP.
Lawyers representing the DPP interrupted the case as the girl’s mother Sonia was giving evidence.
A date is expected to be fixe for the civil trial after the cirminal case is heard.