THE family of one of the Glasgow bin lorry crash victims is to sue the council for compensation. Jacqueline Morton, 51, was one of six people killed when driver Harry Clarke lost control of the council vehicle he was driving in the city centre three days before Christmas in 2014.
The grandmother, below, who worked in the city’s central tax office, had left her office early to collect her granddaughters when the heavy vehicle mounted the pavement and hit pedestrians.
Her sons, Adam and Scott, and other family members will now take court action against Glasgow City Council over the incident.
It is understood that the action could lead to six-figure pay-outs for the relatives of all the dead.
The local authority does not intend to contest the challenge, which will be dealt with by its insurers, with a settlement already agreed.
Prosecutors ruled out a criminal case against Clarke, 60, but a fatal accident inquiry (FAI) heard he had failed to disclosed a history of health problems to his employers or the DVLA.
The tragedy happened on December 22, 2014, when Clarke lost consciousness behind the wheel in Queen Street, mounting the pavement and striking pedestrians before crashing into a hotel in George Square. The streets were busy with afternoon shoppers and the others visiting seasonal attractions, including the festive lights display, ice rink, fairground and Christmas market.
Sheriff John Beckett QC, who chaired the FAI, ruled the incident might have been avoided if Clarke had told the truth about previous instances of ill-health.
Despite mandatory reporting requirements, he failed to notify his employers about health problems, including an incident where he fainted while driving a bus.
Dumbarton couple Jack and Lorraine Sweeney, aged 68 and 69 and their 18-year-old granddaughter Erin McQuade also died in the event.
Teacher Stephenie Tait, 29, and Gillian Ewing, 52, who was on a shopping trip with her daughter, were also killed and 15 others were injured.
A series of private and public memorial services have since been held, with hundreds turning out to pay tribute to the victims and signing a book of condolence.
Legal firm Digby Brown has raised the action on behalf of Morton’s family at the Court of Session in Edinburgh.
A spokesman said: “As this is an ongoing matter before the court. It would be inappropriate to comment at this time.”
The claims are made against the local authority on the basis of vicarious liability, which refers to a situation where a person or organ-isation is held responsible for the actions or omissions of another.
A city council spokesman said: “The council’s insurers are working to settle claims.
“Our thoughts remain with bereaved families and those who were injured.”
The council’s insurers are dealing with a number of claims from families and individuals and are working with their various legal representatives to settle them.
The Crown Office said there was insufficient evidence to raise a criminal case against Clarke, from the city’s Baillieston area.
In a rare legal move, relatives of three crash victims sought permission from senior judges to bring charges against him privately.
However, this bid failed in November when judges at the Appeal Court in Edinburgh ruled the family could not launch a private prosecution.
But Clarke admitted culpable and reckless driving in a separate incident just nine months after the tragedy.
Police were alerted after neighbours saw him drive away from his home in September last year, despite the fact that his licence had been revoked for medical reasons.
He is due to be sentenced later this month at Glasgow Sheriff Court.
Speaking about the impact of his mother’s loss on their family, Morton’s son Adam said: “One day I’m going to take my two girls up to see their granny at the grave and they’re going to go, ‘what did happen to Granny Jacqui, daddy?’ “I’m just going to say, ‘Granny Jacqui lost her life because a man lied’.”
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