INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF CONOR McSHERRY [2010] ScotSC 97 (28 May 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF CONOR McSHERRY [2010] ScotSC 97 (28 May 2010)

Conor McSherry died as a result of head and neck injuries sustained in a road traffic accident while acting in the course of his employment. The accident was caused by the deceased running into the path of an oncoming vehicle. No criticism or liability attaches to the employer, the delivery van driver, or the third party driver. Failure to wear a high visibility vest did not contribute to the fatality.

Citation
[2010] ScotSC 97
Parties
Deceased: Conor McSherry; Employer: Millers Dairy Ltd; Driver: Benjamin Turnbull; Third Party Driver: Francis Keenan
Jurisdiction
Scotland
Judgment Date
28 May 2010
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
No formal recommendations; death determined to be accidental with no fault attributed to any party.
Legal Topics
Workplace Accident, Employer Liability, Road Safety, Duties of Care
Health and Safety Employment Law Road Traffic Law Workplace Accident Employer Liability Road Safety Duties of Care

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Parties

Conor McSherry

Deceased

Millers Dairy Ltd

Employer

Benjamin Turnbull

Driver

Francis Keenan

Third Party Driver

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Cause of death in workplace accident
  2. 2 Compliance with health and safety requirements
  3. 3 Employer and third party liability

Ratio Decidendi

Conor McSherry died as a result of head and neck injuries sustained in a road traffic accident while acting in the course of his employment. The accident was caused by the deceased running into the path of an oncoming vehicle. No criticism or liability attaches to the employer, the delivery van driver, or the third party driver. Failure to wear a high visibility vest did not contribute to the fatality.

Court Disposition

No formal recommendations; death determined to be accidental with no fault attributed to any party.