Six-Figure Settlement For Family Of HGV Driver Crushed By Three-Tonne Load

Loved Ones Reiterate Safety Calls After Specialist Lawyers Help Them Gain Vital Financial Support


The wife of a HGV driver killed after being knocked from his vehicle and crushed by a three-tonne load of steel tubes has reiterated her hope that lessons have been learned from the incident, after Leeds County Court approved a six-figure settlement to support his family following his death.

Robert Ismay died aged 42 while delivering the bundles of tubes to the premises of Davers Steel Ltd in Sheffield in December 2012. He was knocked to the ground after being struck by bundles of tubes while a forklift truck was unloading them, with the load then collapsing on top of him.

Following a hearing at Sheffield Crown Court last month, Davers Steel Ltd was fined and ordered to pay costs after admitting a breach of safety regulations regarding the incident. This came after a Health and Safety Executive investigation identified a number of failings, including a failure to assess risks, insufficient instructions and training for staff and a lack of support which led workers to develop their own unloading practices.

Following the incident, Robert’s widow Michelle instructed specialist workplace injury lawyers at Irwin Mitchell in her search for answers regarding the incident and to secure vital financial support for her and their three children.

Now, after the court today (May 8th) approved a settlement from Davers Steel and Mr Ismay’s employer Tomrods Ltd regarding the failings which led to the incident, she has revealed her hopes that safety has improved following his death.

Expert Opinion
"This is a truly tragic case in which a series of avoidable safety failings culminated in a family losing a much-loved husband and father.

"While no amount of money will ever change what happened in this terrible incident, we hope that the settlement approved for Michelle and the family will provide them with vital long-term financial support.

"We also hope that this case serves as an important reminder to employers of the importance of making the health and safety of their workers – as well as visitors to their sites – a top priority. All businesses have a duty in this regard and this case sadly shows the massive consequences when they fail to meet it."
Claire Newstead, Partner

Michelle Ismay added: “More than two years on from Robert’s death, we still miss him so much and are still as a family trying to come to terms with our loss.

“Nothing will ever being him back, but it is a massive weight off my shoulders to know that our children will be supported by the settlement which has now been secured.

“While this is welcome, we do still hope that steps have been taken to ensure that proper and safe working practices have been introduced to prevent the same problems from being repeated. The incident which led to Robert’s death simply should not have happened.”