Six years after teenage cyclist Ruby Milnes was killed when she was  struck by a lorry as she crossed a private road on York Racecourse, it has emerged that a civil action has been brought in relation to her death.

Ruby was riding home from college along the York-Selby cycle path in May 2008 when she was hit by the lorry, which was being driven on a private access road that ran across the off-road cycle route.

A coroner’s inquest last week found that the 17-year-old’s death was accidental.

However, Jonathan Leach, acting senior coroner for York, criticised City of York Council, which manages the path, for its apparent failure to conduct a risk assessment on the removal of a barrier that would have made it impossible for the teenager to ride across the road without stopping first.

Evidence presented at the inquest suggested there was no signage or markings on the road to alert either cyclists using the path or drivers on the road of each other’s presence, and a hedge restricted visibility.

When York Press contacted the council for a comment following the inquest, they were told that none could be provided because of a pending law suit in connection with Ruby’s death.

A spokeswoman said: “We are unable to comment on any element of this case while legal proceedings are still pending. Our sympathies are, as always, with Ruby Milnes’ family and friends at this difficult time.”

It is not known who has brought the civil action, but following the inquest, Ruby’s parents said they were shocked that she had been killed on what was supposed to be a “Traffic-Free Safe Route to School.”

David and Alison Milnes told York Press: “It has still not been established when it was removed or by whom, let alone what precautions and risk assessments, if any, were made at the time.”

The length of time that elapsed between Ruby’s death and the coroner’s inquest being held is because of long-running legal action that concluded in October last year with a jury failing to reach a decision in a prosecution brought by the Health & Safety Executive against York Racecourse.