‘A pothole killed my husband, now I'm suing the council'

Telegraph

29-04-2025

A widow is suing North Northamptonshire council over a pothole which she claims caused her husband's death.
Robert Newcombe died aged 70 on Sep 25 2022 when he was thrown from his motorbike, which his wife, Aileen, 71, claims was caused by the condition of the road.
Mr Newcombe, a retired hospital porter, was travelling with a group of other bikers to a memorial event in Staffordshire when he was thrown from the vehicle while overtaking.
A police crash investigator said Mr Newcombe slid 170ft before landing on the kerb of a roundabout on the A43 in Walgrave, Northamptonshire. He suffered catastrophic head injuries and a broken neck before he went into cardiac arrest.
At his inquest, a coroner ruled Mr Newcombe's death was caused by a 'degraded road surface' on that stretch of the A43.
Ms Newcombe, a former council worker, has now launched legal action against North Northamptonshire Council for 'substantial damages'.
She said she is taking the action to exonerate her husband because the council 'tried to blame' him for the crash.
The local authority denies liability, and the case will go before a judge unless the two sides can agree a settlement.
Her legal claim for compensation alleges the road surface had melted and re-solidified due to 'poor quality repairs' which had created 'a dangerous, undulating carriageway'.
Ms Newcombe, of Ilkeston, Derbyshire, said: 'The council have never said anything to me, nothing by way of an apology or sympathies, all I want is for them to take responsibility.
'They are just trying to wash their hands of it – even claiming things which went against what a coroner, the police and several witnesses said at the inquest.
'They claimed he was speeding and made a dangerous manoeuvre, which is not the case. They have tried to blame him and I'm not having it.
'The nation has enough money to make sure the roads are maintained properly. The council knew about this pothole and the state of the road.'
A passionate biker, Mr Newcombe was riding his Indian Scout Bobber motorbike when he died in 2022.
Ms Newcombe said about the day her husband died: 'There were no warnings about the state of the road. He came off, broke his back and neck and had a cardiac arrest.
She was not allowed to see him until 25 days later, and said she has 'not really had a chance to grieve with this hanging over me'.
She added: 'I didn't even get the chance to hold his hand and say goodbye,' she said. 'In 51 years of marriage the longest we were apart was no longer than five days.'
'Raised and rippled' road caused death
Ken Brough, personal injury lawyer at Hodge Jones & Allen, who is representing Ms Newcombe, said: 'No family should have to suffer the pain of a loved one not returning from a motorbike 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 driving.
'The raised and rippled surface caused Mr Newcombe to be thrown off his bike, resulting in his death.
'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 Ms Newcombe swiftly and make sure lessons are learnt, protecting future lives.'
They have accused the council of failing to heed numerous previous reports from members of the public about the poor state of the road.