The family of Kyle Marshall, a 19-year-old who died in a car collision near Stirling in March 2024, has initiated a civil lawsuit against Charles Gray, the driver who was acquitted of causing death by careless driving. The legal action seeks a six-figure sum and alleges negligence in connection with the fatal incident.
Kyle Marshall and Jayden McConnell, 17, were killed when a vehicle driven by Gray spun out of control and collided with a heavy tipper lorry on the A91 near Bannockburn Interchange. Gray, who had obtained his driving licence just one month before the crash, faced a five-day criminal trial at Stirling Sheriff Court in November, where he was found not guilty of the charges against him. According to local news coverage, the jury deliberated for less than two and a half hours before returning its verdict.
Digby Brown, the law firm representing the Marshall family, confirmed that a civil action has been raised in the Court of Session in Edinburgh. A spokesman stated:
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. It would be inappropriate to comment further at this time however we will continue to support the Marshall family during this time.
The circumstances of the crash revealed that Gray, who was 17 at the time, lost control of his Vauxhall Corsa on a wet Sunday afternoon on a section of road locally known as "greasy corner" due to its reputation for becoming slippery in wet conditions. Shortly after exiting a roundabout, the vehicle crossed onto the opposite side of the carriageway and was struck by the oncoming lorry.
Marshall and McConnell, who were seated in the rear of the car, were pronounced dead at the scene. Gray's then girlfriend, Lauryn Moir, who occupied the front passenger seat, sustained injuries but survived without serious harm.
Gray himself suffered catastrophic injuries in the collision. He was not breathing when emergency services arrived, but an ambulance crew who happened to be passing the scene performed life-saving intervention by opening his airway. He sustained a ruptured spleen, damage to his spine, and a traumatic brain injury. During the criminal trial, he gave emotional testimony, explaining that he retained no memory of the crash or the moments immediately preceding it. He learned of his friends' deaths only after regaining consciousness from an induced coma four weeks later.
What evidence was presented at trial?
The prosecution and defence presented competing interpretations of the evidence during the criminal proceedings. Analysis of an insurance company "black box" device installed in the vehicle demonstrated that Gray had been driving with exemplary care in the weeks leading up to the collision, with no indication of reckless or negligent behaviour.
However, the court also heard that police investigators did not conduct certain standard procedures that might have clarified the circumstances. Specifically, authorities did not test the friction coefficient of the road surface at the crash location or perform a comprehensive mechanical inspection of the vehicle to rule out any technical defects. These omissions meant that questions about whether road conditions or vehicle malfunction contributed to the loss of control remained unresolved.
What does the civil case mean?
The civil action operates under a different legal standard than the criminal trial. While Gray was acquitted in the criminal court—where guilt must be proven beyond reasonable doubt—a civil case requires only that negligence be established on the balance of probabilities, a lower threshold. According to reporting on the civil action, the Marshall family is seeking a six-figure settlement and recognition of responsibility.
Gray, now 20 years old, faces the prospect of defending himself in civil proceedings despite his criminal acquittal. The distinction between the two cases is significant: a criminal acquittal does not prevent a civil lawsuit, and the different evidentiary standards mean the outcome of the civil case could differ substantially from the criminal verdict.
Key Facts
- Kyle Marshall, 19, and Jayden McConnell, 17, died in the A91 crash near Bannockburn Interchange in March 2024
- Charles Gray was acquitted of causing death by careless driving after a five-day trial in November, with the jury deliberating for less than two and a half hours
- The Marshall family is now pursuing a civil case seeking a six-figure sum and alleging negligence
- Gray was 17 at the time of the crash and had held his driving licence for only one month
- Police did not conduct road friction testing or a full mechanical inspection of the vehicle during their investigation
