Family of man killed in Doune cherry picker crash awarded £315,000 damages

The family of a man who died after the cherry picker he was working on was hit by a tour coach have been awarded £315,000 in damages.

Mikey McArthur, 26, sustained fatal injuries in the incident in Doune, Perthshire in September 2018.

His family sought damages from coach operator Timberbush Tours and its insurers at the Court of Session.

A judge said the main cause of the accident was the failure by the coach driver to avoid an obvious hazard.

Lord Armstrong said: "On the evidence presented, the deceased would appear to have been a remarkable young man who brought people together and was much appreciated by his local community."

The judge's ruling noted that Mr McArthur was working in the basket platform of the cherry picker which was elevated to the upper levels of a building on Balkerach Street.

The judge said: "As he did so, a tour coach, travelling on the same side of the road, struck the arm of the cherry picker, as a consequence of which the deceased was thrown from the basket platform and fell to the road, sustaining fatal injuries."

The judge rejected a contention that Mr McArthur had been contributorily negligent over the accident which resulted in his death.

He said: "The evidence, which I accept, indicates that the deceased had an awareness of the need to work safely, and had previously refused to work in a manner required of him which he considered to be unsafe."

The court heard that 800 mourners attended the funeral of the Celtic fan, who was from Rothesay on the Isle of Bute.

A judge said: "At the following Celtic home game, a two-minute silence was held at the 26th minute of the match, reflecting his age at the time of death, followed by lengthy applause."

Liability was admitted in the action but it was contended that the sums sought were excessive.

The judge assessed that Mr McArthur's father should receive £100,000 in damages, with the same amount awarded to his mother.

Compensation for his half-sister was assessed at £45,000 and £75,000 for his step-father.