Civil action launched after driver in fatal accident avoids prison

The anguished family of a Highland nursery teacher killed when she was struck by a lorry have launched a civil action.

Chloe Morrison’s relatives have also called for the Crown Office to appeal the sentence handed down to the driver after he avoided jail.

Chloe, 26, died when she was struck by a metal beam protruding from a vehicle being driven by John O’Donnell in October 2019.

O’Donnell, from Inverurie, was found guilty of causing Chloe’s death by careless driving after a sixday trial at the High Court in Inverness.

He had originally been charged with causing death by dangerous driving but was convicted by a jury of the lesser offence.

At his sentencing, he was spared a jail term and instead ordered to carry out 100 hours of unpaid work.

O’Donnell has also been banned from driving for 12 months.

Chloe’s father, Robert Morrison, said the decision “caused a pain like losing our daughter for the second time”.

He said: “How could O’Donnell kill someone – either through arrogance or stupidity – then stand on that witness stand and make out like he didn’t know anything about the vehicle he was in control of?

“To add insult and trauma to our loss he then just gets an effective slap on the wrist.

“It’s utterly insulting. “We were assured to stay patient for more than three years and that justice would be done but it hasn’t.

“While we always knew this was an accident there still has to be clear understandings about what happened, accountability and lessons to be learned to ensure no other family ever goes through this kind of situation.”

Chloe’s family has now launched a civil action. They are calling on the Crown Office to look at the sentence again.

O’Donnell, 53, failed to notice a fully extended stabiliser leg was protruding from the lefthand side of his vehicle, as he drove on the A82 through Drumnadrochit.

It struck Chloe in the back, sweeping her to her death as she walked along the pavement with her mother.

Ms Morrison was propelled 115 feet and died from multiple fractures.

Mr Morrison added: “O’Donnell probably spent his night celebrating his freedom. As for us, we went to the cemetery in tears feeling like the loss of our daughter counted for nothing.

“We know there’s a consultation under way on death by driving. I hope it sorts outcomes like this because the whole system is a mess.”

Tributes flooded in after Chloe’s death. Both from the local community and parents of children from the nursery where she worked.

The popular nursery teacher was described as a “shining light”.

Her father said: “You lit up our lives with kindness, humour and endless love.

“We go through life as best we can. But not a day passes by that you are not in our thoughts.”

Sam Cowie, partner at Digby Brown, said his firm would support the Morrisons through a civil action.

He said: “We were deeply shocked and saddened with what happened to Chloe. Not only was her death untimely and unfair but it was completely avoidable.

“Chloe and the Morrison family deserve to be recognised and have the chance to hold those responsible to account.”

TRAGIC: The family of Chloe Morrison, who died when she was hit by a beam on a lorry, have launched a civil action.

John O’Donnell.