Thompsons previously reported that a Fatal Accident Inquiry was to be held into the death of Conor McSherry, a milk boy killed by a minibus on his early morning delivery. Now, the FAI has concluded that his death was not foreseeable.
Conor McSherry, 16, was killed by the minibus as he stepped off the milk float in Cleghorn, Lanark, last June.
The inquiry, which took place at Lanark Sheriff Court, heard evidence from police officers, dairy workers and the medical staff who had treated Conor at the scene.
Conor was seen running onto the road and into the path of the minibus. He was not wearing a high-visibility vest, and Sheriff Stewart said that although Conor was in breach of management rules by not wearing a vest, taking such a precaution would not have prevented his death. Her conclusion said that because Conor was wearing a white top, he would still have been visible to road users. The reason Conor was not seen, she concluded, was because he emerged at speed from behind the milk van, directly into the path of the minibus.
The Sheriff made it clear that the driver of the minibus, Mr Keenan, was not responsible: "Mr Keenan had no opportunity to see him, never mind take avoiding action. No criticism can be levelled against Mr Keenan or the vehicle he was driving."
Sheriff Stewart suggested that Conor’s death may act as a warning to delivery businesses who employ young people. And Conor’s mother Maureen said ‘It is clear what happened to Conor was a tragic accident and no-one is to blame. I was pleased that the sheriff mentioned that work places who employ young adults have a duty of care to them. I hope that no other families have to suffer the heartache we have suffered.’
Our specialist solicitors have years of experience in assisting the families’ of fatal accident victims. We understand the first and most important thing that a family need and demand is answers! Without answers as to what happened and why it happened they cannot move on with their lives, they need to know that no other family will be affected as they have been by the loss of a loved one.
Contact our specialist accident compensation lawyers today on 0800 0891331 and we will help you obtain the answers to your questions. Our No Win No Fee policy means that we take care of the financial burden of legal action at an already stressful time for clients.