Bus driver who knocked down and killed colleague "ignored medical advice"
A bus driver who knocked down and killed his colleague should have followed medical advice after previous faints to avoid losing consciousness while driving, a sheriff has ruled.
Much loved grandfather Jim Lochrie, 62, died after he was hit by the public service vehicle at a bus stop on Cathcart Road, Glasgow on March 31, 2012, driven by David Logue.
A fatal accident inquiry into his death took place at Glasgow Sheriff Court earlier this year and heard from a number of witnesses including the driver of the bus.
Mr Logue - who worked with Mr Lochrie at First Glasgow's depot at Victoria Road - cried as he spoke about his colleague.
Recalling the event he said: "I was doing about 20mph. The next thing I remember is someone banging.
"I came to and I was slumped over the wheel and there was a brick wall in front of me."
The inquiry heard he had twice blacked out at the wheel previously, in 1998 and 2008 and each time he had had his driving licence reinstated.
The third blackout that lead to Mr Lochrie's death was blamed on dehydration.
In a written judgement issued yesterday (Fri) Sheriff Kenneth Mitchell said: "A reasonable precaution whereby the accident resulting in Mr Lochrie's death might have been avoided was for Mr Logue to have followed the advice given to him on June 17, 2008 by Dr John Byrne, to maintain a sufficient dietary and fluid intake to avoid becoming dehydrated and having a further vasovagal episode provoked by dehydration whilst he was driving a motor vehicle.
"Alternatively, if Mr Logue was not prepared to follow Dr Byrne's advice (as I have found established), it was a reasonable precaution whereby the accident resulting in Mr Lochrie's death might have been avoided for Mr Logue simply not have driven any type of motor vehicle, whether a car or a bus."
The Crown Office decided Mr Logue will not face prosecution over Mr Lochrie's death.
This echoes the decision not to prosecute Harry Clarke, the driver of the bin lorry that killed six people in Glasgow's Queen Street on December 22, 2014.
Logue was at the wheel of the First bus when it crashed into a bus stop on the city's Cathcart Road.
His blackout caused the accident which claimed the life of Mr Lochrie, who was waiting at the bus stop when Logue's bus ploughed into it.
Stuart Purves told the inquiry how he was cycling past the scene shortly afterwards and went to help because he knew first aid.
He said Logue was behind the wheel with his eyes wide open.
He was staring into space, he said, and looked like a mannequin.
"My head is killing me," said Logue. "I feel sick."
Then when he heard there was a man pinned under the bus, Mr Purves said Logue repeated, "Oh, what have I done?"
Mr Purves said he went to look underneath the vehicle to try to help the man.
He said I was looking for a response but the man was covered in blood and there was no response.
The inquiry heard that the DVLA were not informed by Mr Logue that he had suffered "dizzy turns" in 1998 and he did not report "dizzy turns" to the DVLA prior to the accident which resulted in Mr Lochrie's death.
He informed them he had blacked out in 1998 and fainted at work in 2008 due to lack of hydration but did not mention that it was while driving a bus.
In June 2008 after the incident, Dr Byrne, a consultant cardiologist at the Southern General hospital in Glasgow gave Logue advice to avoid him becoming dehydrated and fainting while driving.
In August 2008 in response to a request from DVLA, Dr Byrne completed a DVLA medical report in respect of Mr Logue advising that the episode in June 2008 had been attributed to a simple faint.
There was no obvious space on the DVLA form to include further information regarding the circumstances of the accident. Dr Byrne did not send an accompanying letter advising the DVLA that Mr Logue was driving a bus at the time of the episode when he returned the report.
The sheriff in his judgment said: "Because of the importance of the advice to a licence holder, who might drive any vehicle, following upon receipt of Dr Byrne's letter dated June 20 2008, Mr Logue's general medical practitioner should have seen Mr Logue in early course to discuss and re-iterate Dr Byrne's advice regarding his maintaining sufficient dietary and fluid intake to avoid dehydration."
He added that Dr Byrne should have advised DVLA that Logue was a bus driver and that the incident in 2008 when he lost consciousness took place while driving a bus.
And, that before June 2008 when the incident occurred, First Glasgow should have instructed medical officers to report to the DVLA any matter which the company became aware of relating to the possible unfitness to hold a licence of any employee who held a passenger carrying licence.
The sheriff also said: "Mr Lochrie's death has had a profound and continuing effect on his widow, daughter, siblings and family.
"Their love and respect for him was demonstrated by their dignified attendance throughout this Inquiry.
"I expressed my condolences to them at the end of the Inquiry, as did the procurator fiscal depute and each of the lawyers appearing for the represented parties.
"I thanked Mr Lochrie's family for their patience and the dignity which they showed throughout the proceedings."