The widow of Scottish cyclist Jason MacIntyre is seeking damages of £500,000 from the driver involved in the collision that killed her husband.
Caroline MacIntyre and other family members are suing van driver Robert McTaggart and his council employers at the Court of Session in
MacIntyre was killed while training in
Mrs MacIntyre is claiming the death of her 34 year-old husband has deprived her and her family of financial support. Jason MacIntyre was one of the country's top cyclists, having won two British 25-mile championships and being a candidate for both the Beijing Olympics and 2010 Commonwealth Games. After his cycling career, he could have earned money as a coach, advisor or commentator.
A judge has ruled the damages action could be decided by a civil jury, despite McTaggart's lawyers asking for it to be heard by a judge only.
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."
MacIntyre’s family were dismayed by the sentence handed out to McTaggart last August, with his father insisting the council worker should have been jailed. "He was an outstanding cyclist with Scottish and British championships," he said. "Jason was killed by Robert McTaggart. There is to be no justice for Jason and no justice for his family.
"McTaggart should have faced charges of culpable homicide or causing death by dangerous driving. He should be in jail."