Three grandchildren of an Aberdeen man who was knocked down by a car and later died have today been awarded a total of £48,000 in damages.
Guest house owner Russell Stuart of heart failure just days after the accident on the city’s Beach Boulevard in May 2011.
The 60-year-old had driven to the spot to walk his dogs but was struck by Amanda Reid as he stood at the back of his car to let the pets out.
Reid was found guilty of careless driving after a week-long trial at Peterhead Sheriff Court and fined £250.
However, the jury returned a verdict of not proven for causing Mr Stuart’s death.
Mr Stuart’s relatives then launched an action against her and her insurers, and damages were paid to his wife Marilyn and three adult children.
But lawyers acting for both sides could not agree terms over the claims made on behalf of his two granddaughters – who were five and three at the time of his death – and his grandson, who was born five months later.
Following a hearing at the Court of Session in Edinburgh, judge Lord Woolman toward awarded the oldest child £18,000, the other granddaughter £16,000 and the boy £14,000.
The court heard Mr and Mrs Stuart, who had been married for 40 years and ran the guesthouse, were devoted to their family and his wife described her late husband as “a really great grandpa”.
The judge said in his decision: “She added that everything revolved around the grandchildren, involving much play and banter. Mr Stuart was ‘over the moon’ about the prospect of becoming a grandfather for the third time.”
Lord Woolman was told the oldest grandchild was very upset in the weeks following Mr Stuart’s death and treasures everything her grandfather gave her.
In assessing the awards the judge said he took into account “the very close bonds of love and affection” between Mr Stuart and his granddaughters, his involvement in their upbringing and his conclusion that he would have enjoyed a similar relationship with the little boy.