David Wellington

“the service road provides access to the shops that face onto Leamore Lane for delivery purposes. The service road opening is off Bloxwich Road and has a barrier which is operated manually, being opened for deliveries normally by the shop keepers. I heard evidence that the service road is a single carriageway which is used by both vehicles AND pedestrians. As you enter the road, the road is lined with metal fencing on the left side of the road which has openings onto two pathways for access to”

“There are no road markings designating a pedestrian route nor any clear and designated pathway separating a pedestrian route to the flats from the service road itself. In my view this presents a risk of future deaths.”

“On the day of the collision, there were two large council bins intruding into the carriageway positioned just before the opening of the pathway. There were also two vehicles parked stationary at the side of the service road and a blue skip in the roadway. It was obvious from the evidence that the service road was being used for purposes other than which it was designed and that there were a number of obstructions present in the service road presenting a risk to pedestrians using the service road”

“The manual operation of the barrier coupled with the obstructions in the service road itself present a risk to the ability of emergency services (Fire & Ambulance) to access the service road and operate effectively within the service road area if needed. The police investigation noted that the skip and bins had to be moved out of the way on the day of the incident”

“There appear to be no signs alerting anyone using the access road to the potential presence of pedestrians within the service road area and no speed limit for vehicles using the service road. In my view this presents a risk of future deaths.”