Inverness Fatal Accident Inquiry hears safety adviser apologise to family after tragic death of nursery teacher
A health and safety adviser for a construction company broke down in tears today during a Fatal Accident Inquiry into the horrific death of Chloe Morrison, who died after a part of a lorry struck her as she walked with her mother near Loch Ness.
Darren Van der Boon was giving evidence at Inverness Sheriff Court when he suddenly began weeping and turned to the woman’s parents and sister in the public benches and sobbed: “I am so sorry.”
Mr Van der Boon (36) had just told Sheriff Ian Cruickshank that he was with the lorry driver John O’Donnell. in the Glenevin Construction yard near Aberdeen. when the driver did his “walk round” pre-journey checklist to his vehicle - and that list did not include having to check whether the outriggers on the lorry-loader crane fitted to the truck were securely stowed.
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He said he had accompanied Mr O’Donnell because the driver was quite new to the company.
It was during this evidence that the safety adviser broke down and said: “I could have made improvements [to the check list]. I have played this in my head every day for five years” - and turning to Chloe’s parents Robert and Karen and sister Jodie he made his tearful apology.
Ms Morrison died of multiple injuries on October 25, 2019, after being struck by the insecure outrigger leg of the Halfiger lorry-loader crane as she was walking with her mother on the pavement next to the A82 at Kerrowdown Mill, near Drumnadrochit as the Scania flatbed truck passed.
When the FAI was opened by advocate depute David Dickson, he read out on behalf of Chloe’s family a moving impact statement describing the loss at the age of only 26 of “an adored daughter, sister, granddaughter, niece, cousin and friend to many, many people”.
She had just found permanent employment as an early years practitioner at Holm Primary in Inverness, and there is never a day when the family did not think of Chloe and miss her.
The tribute ended: “Sadly we will never know how or why this happened to Chloe but we hope this Fatal Accident Inquiry will ensure this type of incident will never happen again, and no family will have to go through our torment and pain.”
The police investigation found that “no defective vehicle mechanism” had led to the collision, Mr Dickson said.
The driver from Aberdeenshire, was convicted by a High Court jury at Inverness two years ago, after a six-day trial, of causing Chloe's death by careless driving.
Mr O’Donnell had originally been charged with causing death by dangerous driving, but was convicted by the jury of the lesser offence, and later was sentenced to 100 hours’ community service and banned from driving for a year - a verdict that brought anger from the family.
He had failed to notice in his nearside wing mirrors that the crane’s heavy steel outrigger or stabiliser had slid out as he drove back from making a delivery on Skye.
Earlier this year when the Crown Office and Prosecution Service ordered the FAI they said: “The tragic death of Chloe Morrison occurred in circumstances giving rise to significant public concern and as such a discretionary FAI will be held.”
The inquiry is exploring the circumstances of Chloe’s death, with particular focus on the working arrangements within Glenevin Ltd and in the trucking industry in general regarding the use of lorry-mounted cranes by drivers not qualified to use them.
Most modern trucks have warning lights and buzzers in the cab now if cranes have been added, but the fear is that many older trucks will still be in operation without having the warning devices fitted.
All evidence from witnesses in person has been led and Sheriff Cruickshank adjourned the FAI until a date early in December for a further minute of agreed evidence to be lodged.
He will then give his findings and recommendations at a later date.
