Mower death 'accidental' (From York Press)

Mower death 'accidental'

8:42am Friday 5th October 2007 in News By Gerran Grimshaw

HEALTH and safety bosses may still take legal action against City of York Council over the death of an employee in a freak mowing accident more than two years ago.

An inquest into the death of 54-year-old Frank Smith returned a verdict of accidental death yesterday.

Council worker Mr Smith, of St Stephen's Road, Acomb, York, died of a crush injury to his chest when his sit-on mower overturned on a steep embankment at Water End, Clifton, on May 19, 2005.

The case was heard by a jury because the death occurred while Mr Smith was at work. They returned a unanimous verdict.

Speaking after the hearing, Keith King, a principal inspector at the Health and Safety Executive (HSE), said the agency was still considering whether to prosecute the council.

"We will review the verdict and the evidence that we've heard at the inquest, and we should be in a position to make an announcement about any further action hopefully by the end of the month," he said.

"The file is not closed."

Speaking after the inquest, Mr Smith's brother, David, said he accepted the verdict, but did think the council was partially to blame for his brother's death.

"It's the only verdict we could have had really," he said. "I'm pleased to see the council has altered their practices and the way they work, and have made improvements to the safety arrangements, so it shouldn't happen again.

"It's a shame someone had to lose their life though.

"I think there's an element of blame, because the council didn't know any of the inclines or anything like that."

He also said he did not think the inquest should have taken two-and-a-half years to be held.

York coroner Donald Coverdale said it appeared that the mower had slid away down the slope, thrown Mr Smith off it and then landed on top of him. He was pronounced dead at the scene after suffering massive chest injuries.

His immediate supervisor, David Reed, said his opinion was that Mr Smith had accidentally taken the mower into an area with a gradient above 19 degrees which was normally only cut with a strimmer. The mower then slid away from beneath him.

Jeanette Roberts, an investigator with the HSE, said the embankment Mr Smith had been cutting varied from a 12 degree to a 26 degree incline.

Mr Reed said safety procedures had been tightened since the accident, with the sit-on mowers fitted with roll bars and areas where inclines were too steep for the mowers to be used more clearly demarcated.

Bill McCarthy, chief executive of City of York Council, said: "We acknowledge today's finding of accidental death. Our thoughts are with Frank's family and friends at this time."