Drew Smith Homes fined thousands after pensioner’s legs amputated

The woman, 94, was walking along Mortimers Lane with her friend when she was struck by a lorry in April 2021.

Building materials were being delivered to the Pembers Hill Park Development, managed by Drew Smith Homes, Southampton Magistrates’ Court heard.

The delivery driver was met by a traffic marshall from Baram Ltd, which was a sub-contractor for Drew Smith, now known as Countryside Partnership Southern.

Prosecuting, Mr Towey told the court how there was ‘a failure to see the risks.’

He said: “The driver of the vehicle, who was a third party, was instructed to go to the allocated site entrance.

“Upon arrival, the driver met with the banksman (traffic marshall) and the vehicle was parked on the public highway.

“The banksman positioned himself at the rear, but unbeknownst to him and the driver, the injured party and her friend planned to cross Mortimers Lane at that time.

“The woman was hit and flailed in front of the vehicle. An ambulance was immediately called.

“She had to have both her legs amputated and she is now reliant on third-party care.”

He added: “There was a failure to see the risks in a situation which was avoidable.”

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Baram Ltd’s representative said the company is of good character.

He said: “It’s quite clear this has had a profound effect upon Baram. It’s a lesson that has been learnt.

“This is a most unfortunate incident.

“There was a deficiency and an oversight, and it’s so sad.”

Sandesh Singh, on behalf of Countryside Partnership Southern, said the company has expressed genuine remorse.

He said: “The company regrets most sincerely the offence.

“It is not an indictment of a systemic failure within the company with regards to health and safety.”

District Judge Peter Greenfield described the incident as a ‘life-changing event’ for the victim.

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Passing sentence, he said: “She suffered life-changing injuries and had to have both of her legs amputated.

“The victim was struck by the lorry, and it was an accident that could have been easily avoided.

“This is a tragic event because of the inaccuracies of not having someone watch the vehicle from the other side.

“Clearly, one person dealing with a lorry at the site was inadequate.

“That was a failing that should have been obvious when making a delivery there.”

Baram Ltd was ordered to pay a £80,000 fine, £190 victim surcharge, and £2,829.35 in costs.

Countryside Partnership Southern was handed a £53,000 fine and ordered to pay a £190 victim surcharge, and £2,829.35 in costs.

Both companies admitted contravening a health and safety regulation by failing to plan, manage and monitor construction work.