Man jailed for dumper truck tragedy death of colleague

Apr 21 2009 by Hilary Clixby, The Journal

A FOREMAN who crushed a work colleague to death under the wheels of a 20-tonne dumper truck was jailed for 18 months yesterday.

James Johnston drove out of a shed at the Sunderland-based Alex Smiles Ltd recycling plant in Doxford Terrace without stopping as David Liddle, a non-skilled operative, was crossing the yard.

His view ahead was obscured by the timber in the truck’s front-loaded shovel and he struck Mr Liddle, 50, from behind knocking him over, Newcastle Crown Court heard. Mr Liddle died instantly from massive injuries to his head and body after both offside wheels ran over him. Johnston, 49, of Whitehall Terrace, Sunderland, admitted a charge of manslaughter by gross negligence.

He told investigators he had effectively been steering “by instinct” at the time of the accident.

He had also apparently ignored professional advice given to him two years before the accident about his poor eyesight, the court was told.

Jailing Johnston for 18 months yesterday, Judge Esmond Faulks said he accepted his remorse was genuine and his health had been affected by the tragedy.

He told him: “Your employers have pleaded guilty to a breach of Health and Safety at Work Act by not providing designated pedestrian walkways. To that extent they let both you and Mr Liddle down.

“Yet the main blame for this tragic accident must lie with you – driving when your view was almost totally obscured by your raised bucket and with timber protruding above it.”