Page last updated at 15:31 GMT, Thursday, 1 October 2009 16:31 UK

Cyclist's family sue for 500,000

Jason MacIntyre
Mr MacIntyre died following an accident while cycling in Fort William

The widow of champion Scottish cyclist Jason MacIntyre who was killed following a road accident last January is seeking £500,000 damages.

Caroline, 33, and other members of her family have raised an action against van driver Robert McTaggart and his employers Highland Council.

The collision happened on the A82 in Fort William while Mr MacIntyre was out on his bike.

McTaggart was banned from driving for six months and fined £500 last August.

He had earlier pleaded guilty at Fort William Sheriff Court to a charge of careless driving.

In the family's action raised at the Court of Session it was said that Mr MacIntyre, who was twice British 25-mile time trial champion, would likely have progressed into the ranks of professional cycling.

Civil jury

It was said that at the time of his death he was being considered for the British cycling team for the Beijing Olympics and would likely have represented Scotland at the 2010 Commonwealth Games.

The court also heard that after his cycling career he would have secured employment as a coach or carrying out advisory or commentary work.

Judge Lords Brailsford has ruled that the damages action can be decided by a civil jury.

Lawyers acting for McTaggart, from Fort William, and Highland Council had wanted the case to be heard by a judge alone.

Lord Brailsford said: "I fully recognise it is a more speculative sort of claim than would be the case if the person was in a more mainstream sort of occupation, but that does not mean the pursuer should be disentitled to jury trial because of that."

In the damages action Mrs MacIntyre said she has lost the financial support of the husband she was very close to.

Robert Milligan QC, for the driver and council who argue the claim is excessive, said the move to have the case heard by a jury was opposed.

But Simon Di Rollo QC, who was representing Mrs MacIntyre, said it was a straightforward case which involved questions suitable for a jury.

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