Family to sue Littlewoods
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by Karen Miles • The family of a man killed when a wheel flew off a Littlewood's truck is threatening to sue the retailer after the Crown Prosecution Service (CPS) refused to take up the case.
The wife of John Taylor has already sent a claim for compensation to Littlewoods and is threatening to sue through the civil courts if she is not satisfied.
Taylor, from Mirfield, West Yorks, was killed instantly in February when a wheel from one of Littlewood's Index Transport vehicles flew off and hit his van as he drove along the M62.
Solicitors working for Glenys Taylor say they will produce in court a police accident report which suggests the wheel came off because the wheel nuts had not been recently tightened or tested.
But after seeing the accident report the CPS decided not to prosecute the company and in July an inquest returned a verdict of death by misadventure. However, under civil law the prosecution has only to prove there was negligence "on the balance of probabilities": under criminal law negligence must be proved "beyond reasonable doubt".
Littlewoods says any civil court action would be vigorously defended." We make every effort to make sure our vehicles are maintained to a good roadworthy condition," says the company.
"The police examined the service and maintenance records for the vehicle in question and were satisfied they were in order."