Widow suing council over pothole that she claims killed her husband
A coroner ruled that 70-year-old Robert Newcombe was thrown from his motorbike as a result of a 'degraded road surface' on the A43 in Northamptonshire - now, his widow is suing the council for damages
A grieving widow is suing a local council over a pothole she claims killed her husband.
It comes after a coroner ruled that 70-year-old Robert Newcombe was thrown from his motorbike as a result of a "degraded road surface". Now, 71-year-old widow Aileen Newcombe has launched a High Court action against North Northamptonshire Council for "substantial" damages - and has hit back at what she describes as the local authority's attempts to "blame" her husband for what happened to him. The council denies liability for the incident in November 2022, and the case will go before a judge if the two sides cannot reach a settlement.
Mrs Newcombe, from Ilkeston, told Derbyshire Live: "I don't care if I get nothing. I want his name exonerated. I want people to know he did nothing wrong. They have tried to blame him and I'm not having it."
Retired union official Mr Newcombe, known to his friends and family as Bob, had been passionate about motorbikes since childhood.
His son John Newcombe described him as a "hands-on" father, and in a tribute said he had "not only lost my dad but my best friend and the person I would confide in."
Robert was on an Indian Scout Bobber bike when he set out from Kirkby-in-Ashfield with dozens of other bikers on the morning of September 25, 2022, intending to visit a memorial to the founder of the Hells Angels.
The convoy was on the A43 in Northamptonshire when the tragedy happened.
Mr Newcombe had begun to overtake a car as he approached a right-hand turn to the village of Walgrave when his machine caught a cat's eye, according to another biker on the ride.
He said Mr Newcombe wobbled slightly and tried to correct but his machine "took air" and when it came back down, he and the machine were thrown along the road.
A police crash investigator said Mr Newcombe slid 53 metres before hitting the kerb of a traffic island. He suffered head injuries and died at the scene, despite the best efforts by paramedics to save him.
The officer found the road "heavily disrupted, uneven and undulating", describing peaks and ruts in the road surface creating a difference in levels of up to five inches or more.
In her claim for compensation, Mrs Newcombe's lawyers say "poor quality repairs" had caused the A43 in the area "to become dangerous, with the tarmac melting and then solidifying, creating a dangerous, undulating carriageway."
They accuse the council of failing to act on numerous previous reports from members of the public about the poor state of the road. "Potholes have been around for months, are getting larger and deeper and are now a serious risk. Someone will be killed," said one.
Forty-five similar reports were received by the council in the 11 months after the accident, according to the claim documents. Less than three months later, one driver complained: "Lots of deep potholes. This has been reported time and again. Fatal accident waiting to happen."
Ken Brough, personal injury lawyer at Hodge Jones and Allen, who is representing Mrs Newcombe, said: "No family should have to suffer the pain of a loved one not returning from a bike ride. Sadly, the inquest into the death of Robert Newcombe concluded that he lost his life as a direct result of the poor state of the road on which he was riding.
"The raised and rippled surface caused Mr Newcombe to be thrown over his handlebars, resulting in his death. Although it is unusual for a bike rider to lose their life as a result of poor road conditions, it is not unheard of. All councils have a responsibility to ensure they adequately inspect and maintain all roads, regardless of whether this critical process is outsourced or conducted in-house.
"The inspection process must be fit for purpose in practical terms and not just conducted as a tick-boxing exercise. We are hopeful North Northamptonshire council will settle our civil case with Mrs Newcombe swiftly and make sure lessons are learnt, protecting future lives."
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