The family of a 19-year-old killed in a car crash near Stirling two years ago is launching a civil action against the driver, who was acquitted of causing death by careless driving in a criminal trial last November.
The crash occurred in March 2024 on the A91 near Bannockburn Interchange, when a Vauxhall Corsa driven by Charles Gray spun out of control and into the path of a lorry. Gray, then 17 and just one month after passing his driving test, had been driving with two friends, Kyle Marshall, 19, and Jayden McConnell, 17, both of whom died. The stretch of road is known locally as "greasy corner" due to its reputation for becoming slippery.
At a five-day trial at Stirling Sheriff Court last November, Gray was acquitted of causing the deaths of his two friends. The trial heard evidence that Gray lost control of the vehicle on a wet Sunday afternoon.
According to the Scottish Sun, the Marshall family is now suing Gray for a six-figure sum, alleging negligence. A spokesman for Digby Brown, the law firm representing the family, confirmed that a civil action has been raised in the Court of Session. "A civil action has now been raised in the Court of Session on behalf of the loved ones of Kyle to help them secure answers, support and recognition," the spokesman said. "It would be inappropriate to comment further at this time however we will continue to support the Marshall family during this time."
Analysis
Why This Matters
- The civil case gives the family a legal avenue for accountability after a criminal acquittal, as the burden of proof in civil proceedings is lower (balance of probabilities) than in criminal trials (beyond reasonable doubt).
- The case may influence how families of crash victims pursue justice when criminal charges fail, particularly in cases involving young or inexperienced drivers.
- It highlights road safety concerns on a stretch of the A91 known for becoming slippery, which could prompt calls for engineering or signage improvements.
Background
Charles Gray, then 17, passed his driving test in February 2024. On a wet Sunday in March 2024, he lost control of his Vauxhall Corsa on the A91 near Stirling, a section of road nicknamed "greasy corner" for its tendency to become slippery. The car spun into the path of a lorry, killing Gray's two passengers, Kyle Marshall, 19, and Jayden McConnell, 17. Gray was charged with causing death by careless driving but was acquitted after a five-day trial at Stirling Sheriff Court in November 2025. The Marshall family has now raised a civil action against Gray in the Court of Session, seeking damages and recognition.
Key Perspectives
The Marshall family: They are pursuing a civil claim for a six-figure sum, alleging negligence, to obtain answers, support and recognition for the loss of their son. Their case will be judged on the balance of probabilities, a lower bar than the criminal standard.
Charles Gray: He was acquitted of criminal responsibility for the deaths. The civil case exposes him to a potential financial judgment and a finding of civil liability, even though a criminal court found insufficient evidence of careless driving.
Legal observers: The two cases illustrate Scotland's dual legal track: a criminal acquittal does not bar a civil claim for damages. The civil court will weigh the same facts but to a different standard, potentially reaching a different conclusion on negligence.
What to Watch
- The Court of Session's timetable for hearings or any preliminary rulings on the civil claim.
- Any response from Charles Gray or his legal representatives to the civil action.
- Whether the case prompts renewed scrutiny of road safety at "greasy corner" on the A91.