Fatal Accident Inquiries Latest News
25/01/2012 - Forth Rail Bridge FAI Determination
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Sheriff Ian Dunbar today issued his determination in the Fatal Accident Inquiry into the death of Robert MacDonald.
Mr MacDonald, a blaster/sprayer on the Forth Bridge during the recent 10-year refurbishment programme, fell to his death from an unauthorised walkway some 300 feet above sea level. The Inquiry heard that Mr MacDonald and two colleagues had contravened a basic site rule to use only authorised walkways and had instead climbed over a barrier onto a part of the bridge which had at the time not yet been worked on.
The sheriff held, inter alia, that: “[T]hey [the duty holders] had to have rigorous systems which were well known to employees and they had to take all reasonably practicable steps to ensure they were enforced. To me, the evidence indicates that [Balfour Beatty] and [ThyssenKrup Palmers] did just that.” The sheriff accepted the evidence of the Office of Rail Regulation Inspector who “[i]n general… found health and safety on the Forth Bridge [to be] excellent.” The sheriff accepted the submission made on behalf of ThyssenKrup Palmers (and other duty holders) and held, in terms of section 6(1)(d) of the Act that “there was no defect in any system of working which contributed to the accident resulting in the death.”
Peter Gray QC and Barry Smith of Compass Chambers represent contractor ThyssenKrup Palmers.06/10/2011 - Forth Rail Bridge FAI gets underway
At Dunfermline Sheriff Court on 26 September 2011, the Fatal Accident Inquiry into the death of Robert MacDonald commenced with the evidence of his co-workers. The Inquiry heard that on the night in question, Mr MacDonald and two colleagues had taken a short cut on an unauthorised walkway.
The Inquiry, before Sheriff Dunbar, will resume on 13 December.
Peter Gray QC and Barry Smith of Compass Chambers represent contractor ThyssenKrup Palmers.16/03/2011 - Fatal Accident Inquiry into the Death of Norma Kirk [2011] FAI 15
The inquiry followed on from the death of Norma Kirk following misplacement of a feeding tube. Unfortunately an X-Ray had been misread and it was not appreciated that the tube lay in the lung and pleural space, rather than the stomach. Mrs Kirk was fed for a number of hours before the mistake was realised. She died a few days later.
The Inquiry looked into the circumstances of the death, in particular the protocols in place and the issue of training. Sheriff McSherry made formal findings in terms of subsections (a) and (b). He made no findings under subsections (c) or (d). Under subsection (e) he noted certain further facts regarding changes already made, but did not accept they directly contributed to Mrs Kirk's death. He also accepted that protocols require to be looked at in an operational context, and should not be rushed unnecessarily - particularly if changes in practice have already occurred.
The full determination can be viewed at:
http://www.scotcourts.gov.uk/opinions/2011FAI15.html
Richard Pugh, of Compass Chambers, represented Fife Health Board at the Inquiry.
29/09/2010 - Fatal Accident Inquiry into the death of Francis Goodwin 2010 FAI 42
Mr Goodwin died in a road traffic accident in July 2005. He had been driving his Post Office van along Victoria Park Drive South in Glasgow in the early hours of the morning. On approach to the junction with Westland Drive he was overtaking a tanker in the inside lane. As he reached the junction an ambulance emerged from Westland Drive. A collision occurred. It was agreed that the ambulance had gone through a red light, which required to be treated as a "give way" for members of the emergency services responding to emergencies. The family of the deceased raised concerns both about the training of ambulance personnel and the use of audible warning signals (which were not in use at the time of the accident). Sheriff Swanson made a formal determination in terms of subsections (a) and (b) of the Act only.
She did not make any findings under subsections (c) to (e), as had been sought by the family of the deceased.
The decision can be viewed at:
http://www.scotcourts.gov.uk/opinions/2010FAI42.html
Richard Pugh, of Compass Chambers, appeared for the Scottish Ambulance Service and for the ambulance driver.