An Aberdeen football coach who was critically injured in a horrific bus crash while on holiday has failed in his bid to bring court action against a Maltese roads authority.
Simon Morrison was left in an induced coma after the sightseeing bus he was travelling on collided with overhanging tree branches in April 2018.
Two people died in the tragedy and now lawyers acting for Transport for Malta have successfully argued that it shouldn’t be made to defend compensation actions brought about by Mr Morrison.
The then 42-year-old Middlefield Wasps football coach was just one day into his holiday with his sister Suzanne Henderson, her husband Michael and their two children when the accident happened.
They had taken a sightseeing trip on an open-top bus but tragedy struck when the double-decker smashed through overhanging tree branches on a tourist route in the Zurrieq area.
Survived near-death experience
Mr Morrison sustained a serious head wound, a broken arm, an eye injury and was in a coma in the aftermath of the incident.
He was flown back to Aberdeen Royal Infirmary for treatment and awoke more than two weeks later.
A 37-year-old Spanish woman and a 62-year-old man from Belgium, who had been sitting directly behind Mr Morrison, died in the crash.
Compensation action was launched by the Aberdonian at the Court of Session against the insurers of the firm which operated the bus.
Roads body ‘immune’
The insurers wanted Transport for Malta involved, but a judge has now upheld a plea based on sovereign immunity.
Middlesea Insurance argued Transport for Malta were responsible for roads on the island, so the authority should be forced to defend the action.
However, Transport for Malta’s legal team successfully argued that the authority could not be involved in the action as the organisation was carrying out strategically important tasks on behalf of the Maltese government.
The lawyers argued that because of its role, Transport for Malta should be entitled to protection from action through the law of state immunity.
A piece of legislation called the State Immunity Act 1978 allows foreign government or foreign government departments to be immune from legal action in UK courts.
Miracle Aberdonian survived
His niece Kelsey Henderson was hailed as his heroine as she jumped to the aid of her uncle and helped keep him upright as blood poured from his mouth.
In a judgment issued on Thursday, judge Lord Richardson upheld the submissions made to him by Transport for Malta’s lawyers.
“In the circumstances, I sustain the third party’s plea of jurisdiction based on sovereign immunity and dismiss that action,” he said.
Charges ongoing against driver
In February 2021, the bus driver and four directors of City Sightseeing Malta Ltd appeared in court on charges connected to the incident.
In a judgment issued on Thursday, Lord Richardson upheld the submissions made to him by Transport for Malta’s lawyers.
“In the circumstances, I sustain the third party’s plea of jurisdiction based on sovereign immunity and dismiss that action.”
Mr Morrison’s lawyers, Digby Brown, are now hoping to recover damages from Middlesea in the Court of Session action.
A spokesman said: “We acknowledge the judgement and we will be reviewing things.”
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