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Sleep disorder driver cleared of causing girlfriend's death

28th September 2006
Page 10
Page 10, 28th September 2006 — Sleep disorder driver cleared of causing girlfriend's death
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A rare disorder called cataplexy has been blamed for a tragic road

accident. Commercial Motor reports.

A TRUCK DRIVER has been cleared of causing his girlfriend's death in a crash, after a jury accepted evidence that he suffered from a rare medical condition brought on by strong emotions.

It had been alleged that Philip Scott, 22, fell asleep at the wheel because he failed to take adequate breaks during a 450-mile, eighthour journey.

But after the death of Kay Ralph, 20, who had been travelling with him, Scott was found to be suffering from cataplexy — a form of sleep disorder where muscles are struck by sudden and short bouts of weakness and the patient slumps.

An attack can be triggered by heightened emotions, and the court was told Scott and Ms Ralph had just learned they had been successful in buying a house.

The court heard that they had been laughing and were Looking for a lay-by to stop for "a kiss and a cuddle" when he lost control of the vehicle.

Scott, of Pluscarden, near Elgin. Moray, declined to comment as he walked from the High Court in Edinburgh. He had said in evidence that Ms Ralph's family had been extremely supportive.

It had been alleged that Scott caused the death of Ms Ralph, of Elgin, by dangerous driving on the Al near Reston, Berwickshire, on 5 June last year. At 11 pm the previous night Scott, a mechanic, had set out in a recovery truck to take a broken-down car and its owner to Hartlepool, Teesside. After learning their house offer had been accepted. Ralph decided to keep him company. They were 100 miles into the return leg when the recovery truck left the road at nearly 60mph and collided with a trailer parked in lay-by. Ms Ralph died at the scene; Scott suffered a head injury.

After the accident Scott was seen by Dr Peter Fenwick, a consultant neuro-psychi atrist with expertise in sleep disorders, who diagnosed cataplexy.

Fenwick told the court: "In my view, he has a sleep disorder, cataplexy, and I think that sleep disorder with all it entails was involved in the accident.

The jury of 11 women and four men returned a majority verdict of not guilty.

Tags

Organisations: UN Court, High Court
Locations: Hartlepool, Edinburgh