Witnesses to train tragedy awarded compensation
By Vince Mancini
Published on August 19, 2005
James and Lorna Clegg were awarded a total of ₤42,000 in damages against Jane Rogerson.
Rogerson, a 38-year-old television producer, was driving a car carrying her partner, Bruce Thomson, 45, and the three-year-old daughter or the Cleggs, Sara, when her vehicle was struck by an 80mph Inverness train.
The Cleggs were travelling in a separate vehicle behind Rogerson when the accident happened, killing Thomson and leaving Sara Clegg with a serious head injury.
James Clegg, 47, and his wifre, 39, were seeking damages for depression and other mental disorders.
Lawyers for Miss Rogerson had argued that the level crossing was of an "inherently dangerous design", but Lord Hodge ruled she had failed to keep a proper lookout and had not obeyed instructions at the crossing.
The judge awarded ₤20,000 in damages to Mr. Clegg, and more than ₤22,000 to Mrs. Clegg.
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