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Daily Mail
30-04-2025
- Daily Mail
Widow is suing her council over the death of her husband - as she says he 'died after hitting pothole'
A heartbroken widow is suing a council over a pothole which she claims caused her husband's death. Robert Newcombe, 70, died after his motorbike hit a crater in the road on September 25, 2022. The grandfather-of-three was riding with a group of bikers to a memorial event in Staffordshire when he was thrown from his motorbike along the A43 in Walgrave, Northamptonshire. The retired hospital porter slid for 170ft (53m) before smashing into the kerb of a roundabout. He suffered catastrophic head injuries and a broken neck before going into cardiac arrest. Despite the efforts of medics, he could not be saved and died at the scene. A coroner later ruled his death had been caused as a result of a 'degraded road surface'. His wife Aileen, 71, has now launched High Court legal action against North Northamptonshire Council claiming 'substantial damages'. The local authority denies liability and the case will go before a judge if the two sides cannot agree a settlement. Aileen, of Ilkeston, Derbyshire, said: 'I want his name exonerated because they are not accepting responsibility for what happened. 'I just want justice for my husband and for other families to not suffer a similar heartbreak. 'Even if I get nothing, they need to be held accountable for what they've done to me and his family.' The widow said the country 'has enough money' to make sure roads are looked after properly, adding: 'The council knew about this pothole and the state of the road. 'He was a union man with morals and principles, he stood up for what he believed was just and right - I'm only doing what he would have done himself. 'I think that's the least I can do for him - to make sure he gets justice. 'It's not about the money, they could give me a million pounds and it wouldn't come close to replacing him. 'I would do anything to have him back. I'm totally lost without him. 'I am physically, emotionally and mentally spent - it has had a profound impact on me. 'We'd got so many plans for our retirement, like going away in our caravan, and they've all just gone. 'I didn't even get chance to hold his hand and say goodbye. In 51 years of marriage the longest we were apart was no longer than five days. 'At his funeral over 300 bikers followed him, he would have loved it. If a funeral could be beautiful, this was it. 'I miss him terribly, I have a cry for him every morning and every night.' Robert, who was also a union official for Unison, had been on his way the National Memorial Arboretum in Staffordshire to visit a memorial to the founder of the Hells Angels. He overtook a vehicle when he hit the pothole, which led to him coming off his Indian Scout Bobber machine. Mum-of-one Aileen, a former council worker herself, added: 'They were meeting up with a group of Northamptonshire bikers first, which is why he was down that way. 'There were no warnings about the state of the road. He came off, broke his back and neck and had a cardiac arrest. 'I wasn't even able to see him until 25 days after he died. 'I just feel sick thinking about it - I've not really had chance to grieve with this hanging over me. '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 maneuver, which is not the case. They have tried to blame him and I'm not having it.' Ken Brough, personal injury lawyer at Hodge Jones & Allen, who is representing Aileen 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. 'Although it is unusual for a motorbike 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.' The lawyers also say in her claim for compensation: 'Poor quality repairs had caused the A43 in the area of the turning to Walgrave to become dangerous, with the tarmac melting and then solidifying, creating a dangerous, undulating carriageway.' They have accused the council of failing to heed numerous previous reports from members of the public about the poor state of the road. Road charity Brake is funding Aileen's legal action but said they could not comment on individual cases.


Telegraph
29-04-2025
- Telegraph
‘A pothole killed my husband, now I'm suing the council'
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.


Daily Mirror
28-04-2025
- Daily Mirror
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."