Widower wins claim after death of his wife

A widower whose wife died after she was struck by a tour bus has won a damages claim against the coach company.

Douglas Cassells sued Allan’s Group in the Court of Session as he believed the actions of one of the firm’s employees, Brian Alexander, caused the death of his partner Rachel.

Mrs Cassells, 50, worked as a catering assistant for Edinburgh Woollen Mill at their Trossachs shop, near Callander, Stirlingshire.

She died after a bus, being driven by Mr Alexander, collided with her in the store’s car park on April 4 2015.

Rachel, of Stirling, had come out of the premises to greet tourists on the bus but sustained serious injuries.

Lawyers acting for Mr Cassells claimed that Mr Alexander had not been taking sufficient care in the moments before his vehicle struck Rachel.

They argued that if he had paid attention, he would not have struck her.

Lawyers for the company argued that Mr Alexander’s actions were not negligent and that Mr Alexander did everything he could in the moments before the collision.

However, in a written judgment issued at the Edinburgh court yesterday, judge Lady Carmichael ruled in favour of Mr Cassells.

Mr Cassells, also of Stirling, also sued his late wife’s employers, claiming that the company did not do enough safety checks to guarantee his wife’s safety at work.

Lady Carmichael also ruled against Edinburgh Woollen Mill.

Mr Cassells, who originally sued the two companies for £700,000, will now receive an undisclosed sum for damages. Lady Carmichael ruled his wife’s actions were partly negligent and that this would cause the award to be reduced by 30%.

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 driver of the heavy vehicle, with its obvious potential to cause serious harm, and the employer must bear the greater part of the responsibility.

“I therefore recognise Mrs Cassells’ contribution to the loss, injury and damage sustained by the pursuers by making a finding of contributory negligence of 30%.”