BIN LORRY TRAGEDY JACQUI’S SONS SUE
..and it could cost council insurers millions as relatives of the other victims line up more legal claims
A GLASGOW bin lorry disaster victim’s family are suing for compensation. The action by gran Jacqueline Morton’s sons Adam and Scott will pave the way for payouts of millions to the relatives of the six people killed.
Glasgow City Council, who employed lorry driver Harry Clarke, have already
indicated they do not intend to contest the action, which will be settled by insurers.
A fatal accident inquiry found Clarke, then 58, lost consciousness at the wheel before his out-of-control lorry careered through Glasgow city centre in December 2014.
Tax office worker and gran Jacqueline, 51, died alongside teacher Stephenie Tait, 29, Erin McQuade, 18, Erin’s grandad Jack Sweeney, 69, Jack’s 68-year-old wife Lorraine and Gillian Ewing, 52.
Her sons and four other members of their family are named in the legal proceedings at the Court of Session in Edinburgh.
Last night, a spokesman for Digby Brown, the legal firm who raised the action on behalf of the family, confirmed the case had begun.
He added: “As this is an ongoing matter before the court, it would be inappropriate to comment at this time.”
A spokesman for Glasgow City Council said: “Our insurers are working to settle claims. Our thoughts remain with bereaved families and those who were injured.”
The council’s insurers are dealing with a number of claims from families and individuals – and are working with their legal representatives to settle them.
The claims are made on the basis of “vicarious liability” – where someone is held responsible for the actions or omissions of another person in the course of their employment.
In the case involving Jacqueline’s family, there is already an agreement between the council’s insurers and the family that the action will not be defended.
A council source said: “The council have always taken the view that they wished to settle claims sensitively and without any unnecessary delay. This is the first case and more are expected in the weeks to come.”
Controversially, Clarke, who it was established had suffered previous blackouts while driving, was never prosecuted.
The Crown Office refused to charge him, despite a fatal accident inquiry finding that he had lied about his medical history.
In December last year, relatives of three of the victims had their bid to bring a private criminal prosecution rejected.
Jacqueline’s son Adam has previously spoken of his disgust at the handling of the case. He said: “One day I’m going to take my two girls up to see their granny at the grave and they’re going to go, ‘What did happen to granny Jacqui, daddy?’
“I’m just going to say, ‘Granny Jacqui lost her life because a man lied.’”
Last month, Clarke admitted culpably and recklessly driving a car in September 2015, despite his licence having been revoked. He is awaiting sentence at Glasgow Sheriff Court.
The council have always said they wish to settle claims sensitively SOURCE