Friday, August 25th, 2023
Katrina Johnstone or Ronald and Ors v Perth and Kinross Council - Jury and Lord Sandison, award made on 3rd August 2023
This was a fatal road traffic accident in which a cyclist, Mr William Ronald, then aged 46, was killed in a collision with a bin lorry driven by an employee of the defenders on 25th May 2018. Mr Ronald was survived by his widow (P1) who was 51 at the date of death and 56 at the date of trial; two adult step daughters (P3 and P4) and a young daughter aged 7 at date of death and 12 at trial (P2).
Awards for financial losses were agreed in the sum of about £1.3M. Section 4(3)(b) awards were agreed at £60,000 exclusive of interest for P3 and P4.
The jury held by a majority of 7:5 that the accident had been caused at least in part by the fault of the defenders’ employee. Contributory negligence was assessed at 58%.
The section 4(3)(b) award to the widow was £125,000, with £25,000 allocated to the past. The range given by the presiding judge was £120-170,000.
The section 4(3)(b) award to the young daughter was £95,000, with £19,000 allocated to the past. The range given by the presiding judge was £80-100,000.
Robert Milligan KC and Gavin Thornley represented the Pursuers, instructed by Digby Brown. Ranald Macpherson represented the Defenders, instructed by Clyde & Co.