The family of a man stabbed to death by a work colleague in a Sainsbury's supermarket have won the right for their case against the retail giant to be heard.
A judge has rejected a bid by Sainsbury's to throw out the case brought by Roman Romasov's family.
Robert McCulloch was jailed for life in 2009 for repeatedly stabbing the Lithuanian national in an aisle at the supermarket in Aberdeen where the pair worked.
The night shift worker was ordered to serve at least ten years and nine months in jail after he admitted murdering his 28-year-old victim at the Berryden Road store with a knife he took from the kitchenware section.
Mr Romasov's family are suing Sainsbury's for £500,000, claiming they are "vicariously liable" for their employee's actions.
At the Court of Session in Edinburgh on Thursday, Lady Clark of Calton said the family's claims were "unusual and extreme".
She said it was plain that the claims made by the family were "capable of being construed as entirely connected with McCulloch's work".
Mr Romasov's mother Jelena Vaickuviene, 54, and brother Martynus are each seeking £200,000 compensation, while his step-father Edmundus Vaickus, 54, is claiming £100,000.
Mr Romasov, of Tanfield Walk, Aberdeen, was working to fund his studies in mechanical engineering at college.
His family say McCulloch "frequently made racist comments in the past and was aggressive and argumentative" and that there was "bad blood" between the pair, according to court papers.
In the days before the murder, McCulloch racially abused his victim, telling him he thought immigrants "should go back to their own country". Mr Romasov wrote to his line manager the same night, but by the time of his death no action had been taken, according to the legal action.
The family claim McCulloch knew of Mr Romasov's complaint but no action was taken to warn, dismiss or suspend him, or to separate the two colleagues.
Sainsbury's is being sued for failures under the Protection from Harassment Act 1997.
The supermarket chain is contesting the action, saying that McCulloch's actions were not related to its business or his job duties.
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