Six figure sum awarded to husband of woman who died after being hit by tourist bus at work
The husband of a Stirling woman who died after being hit by a bus in the car park of a woollen mill near Callander has been awarded a six figure sum in damages.
Rachel Cassells, aged 50, died on April 4, 2015, as a result of her injuries after she was struck by the single decker tourist coach at Trossachs Woollen Mill in Kilmahog, near Callander, where she worked as a catering assistant.
Her husband Douglas Cassells sued bus company Allan’s Group in the Court of Session as he believed the actions of the firm’s employee, driver Brian Alexander, caused his wife’s death, and also his late wife’s employers whom he also felt were at fault.
In a judgement issued yesterday (Tuesday) he was awarded an undisclosed six figure sum, split between the bus company (60 per cent) and the woollen mill (40 per cent).
However, the total of the already agreed liability sum was reduced by 30 per cent because of what the judge saw as Mrs Cassells’ own role in the incident.
On the day driver Mr Alexander had stopped the bus with a view to reversing into a parking bay - but as he moved the bus forward again, it hit Mrs Cassells.
The case centred around whether the driver and bus company were negligent.
At issue was the extent, if any, of Mr Alexander’s opportunity to see Mrs Cassells and avoid the collision, and also whether she had already fallen and was on the ground when the bus started moving.
The Allan’s Group submitted that there was no reason for Mrs Cassells to be in the car park and that welcoming buses in the car park was not one of the duties of her employment.
The judge, Lady Carmichael, said that“on the balance of probabilities”Mrs Cassells had been upright when the bus started moving, and that - had Mr Alexander been exercising reasonable care - he would have seen her and been able to avoid the accident.
However, she also found that the woollen mill itself knew of, permitted and“to some extent at least”, encouraged Mrs Cassells’s practice of greeting buses in the car park, therefore failing to take reasonable care for her safety, and their failure was a material cause of the accident.
Lady Carmichael wrote:“I regard the driver of the bus as primarily responsible for the accident and injury to Mrs Cassells which resulted in her death.
“The risk of harm posed by a large vehicle in collision with a pedestrian is obviously relevant in considering causative potency.
“That said, I regard the second defenders (the woollen mill) as bearing a significant share of the responsibility.
“The risk of injury to employees in the car park was obvious and not mitigated by the very straightforward and practical measures which would have been open to second defenders and which they adopted after the accident.”
Mr Cassells said:“The loss of my wife is something I’ve struggled with every day since the incident and it’s something that will affect me for the rest of my life.
“The court process has helped me heal a little in terms of bringing about some answers.
“But nothing will change the fact that Rachel is not here, nor can anything or anyone replace her.
“She had a bubbly personality and her own special way of making people smile and as well as being a vibrant loving wife, she was also a devoted daughter and spent a lot of time helping her parents and putting their needs before her own - a great example of her generous nature.
“Rachel was a very loving and caring person and the tragedy on that day impacted not just myself but her parents and everyone that knew her.
“It still upsets me to this day and I love her very, very much.”