The parents of a North Yorkshire soldier killed in a minibus crash in America look set to receive £750,000 compensation following a ruling by the US Court of Appeal in Georgia.

British Army lieutenant Michael Whitley, 26, was part of a touring Duke of Wellington Regiment rugby team when the hired bus in which he was travelling overturned in Atlanta in April 1993.

The driver, Jeffrey Kanney, 21, who was provided by the American Army, fell asleep at the wheel and was later sentenced to two years for reckless driving.

Michael's devastated parents Frank and Gill Whitley, of Bulmer, near Malton, successfully sued the US government for $1.2m in June 1997.

But the American government challenged the decision at the Court of Appeal, where three judges unanimously ruled in favour of the Whitleys.

The family's solicitor, Hilary Meredith, said today the US government had 45 days in which they could seek leave to appeal at the Supreme Court in Washington.

But she said this was highly unlikely because it would be heard by the same three judges, who were "very scathing" of the American government.

Mrs Meredith said it was the first time English lawyers have successfully challenged the US government in court.

She said: "This is an extremely important test case. It is a victory for the Whitley family, and for future claims on behalf of the other 15 crash victims.

Mr Whitley senior, 78, today welcomed the news of the US government's appeal defeat, but said the money would not bring back Michael.

Mr Whitley said: "We miss Michael very much. He was an outgoing lad who lived life to the full, and he would have gone a long way in life.

"He was killed two months before he was due to leave the Army, and was planning a round-the-world trip."

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