Scottish Sheriff Court Decisions

2012 FAI 6

 

 

UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976

 

 

Certified Copy of the Determination made by BRIAN MURPHY Esquire, Sheriff of North Strathclyde at Kilmarnock on 25 January 2012 following the Inquiry under the said Act into the circumstances of the death of Leonard Sharp, born 25 July 1946, residing at 86 Kerr Road, Kilmarnock

 

 

The Sheriff, having considered the evidence and submissions

 

The Sheriff DETERMINES as follows:-

In terms of Section 6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, Leonard Sharp, born 25 July 1946, residing at 86 Kerr Road, Kilmarnock, died on 7 April 2011 at or about 16.40 pm whilst driving his Ford Transit van, registration number SA06 KVG in the course of his employment and when it was in collision with the rear of IVECO truck, registration number SF05 SBX which had broken down and was stationary on the nearside lane of the A71 dual carriageway about 1.2 miles east of Corsehill Mount roundabout.

 

In terms of Section 6(1)(b) of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976 the cause of his death was multiple injuries sustained in said collision whilst driving his works vehicle.

 

In terms of Section 6(1)(c) of the Fatal Accident Inquiry (Scotland) Act 1976 there were no reasonable precautions whereby his death might have been avoided.

 

In terms of Section 6(1)(d) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 there were no defects in any system of working which contributed to his death.

 

 

(signed) Brian Murphy

Sheriff

 

KILMARNOCK : January 2012

 

A True Copy certified by me

 

 

 

 

Sheriff Clerk Depute