UPDATE: Driver cleared of hitting man with car after argument over KFC rubbish

A LORRY driver claimed he was struck by a car after an argument over dropped rubbish.

Graham McGuire, 39, said he was hit by a Volkswagen outside a KFC in Springburn on March 27, 2021.

Andrew Gemmel, 22, is on trial at Glasgow Sheriff Court accused of assaulting Mr McGuire to the danger of his life.

He faces an alternative charge of dangerous driving.

The court heard Mr McGuire was parked beside the Volkswagen with his partner and two-year-old son.

He said: "The passenger flung his KFC out on the ground.

"I said 'are you going to pick that up' because my window was down.

"There was back and forth and a couple of words were said."

Mr McGuire stated that he left his car and picked up the rubbish before approaching the Volkswagen.

Prosecutor Carrie Stevens asked Mr McGuire if he threw the rubbish back into the car.

He replied: "I went to put it on the dashboard and he put his hand up and it went everywhere."

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Mr McGuire claimed that the Volkswagen initially headed towards the exit of the car park before doing a three-point turn and went back towards him.

He said: "He came towards me and he hit the brakes and I jumped and hit the bonnet at the same time."

Miss Stevens asked: "Why did you jump?"

Mr McGuire replied: "If I didn't, he would have hit my legs and knocked me down."

The witness stated that the driver left the scene for a second time before returning to throw out a juice cup.

Mr McGuire claimed that he escaped without injuries but felt "raging" about the incident.

The hearing was told that Mr McGuire was unable to identify the driver when asked by police over a year later.

Ryan Sloan, defending, put it to the witness that the driver's actions were an "aggressive gesture".

He said: "If he wanted to run you over he could have driven straight through you."

Mr McGuire replied: "He could have, but maybe common sense hit him before he hit the brakes."

The witness also refuted Mr Sloan's suggestion that the passenger and driver swapped places after the argument over the rubbish.

Gemmel, of Barmulloch, faces other charges including assaulting two McDonald's employees and another dangerous driving allegation on the same day.

The trial continues before Sheriff Paul Reid.