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Goulburn Mulwaree Council is facing a compensation claim following an inquest into the death of a man on one of its roads.
A coronial inquest into the death of 50-year-old Jerrabomberra man, James Hughes concluded on Friday at Goulburn courthouse. He died after his Ducati motorcycle struck a pothole in the southbound lane of the bridge’s northern approach on Sunday, October 4, 2015.
Counsel assisting the inquest, Timothy O’Donnell said during final submissions that presiding Deputy State Coroner, Theresa O’Sullivan would have “little difficulty in finding” that the road’s condition on that day “substantially contributed to James Hughes’ death.”
He detailed a series of communication and reporting breakdowns within the council works department about the road’s condition, and complaints about potholes in the road just days before the fatal crash that were not acted upon.
The council has apologised to Mr Hughes’ family and to his partner, Melissa Pearce, all of whom attended the inquest.
Ms Pearce said on Monday she would pursue compensation.
“I have to because it has cost me so much money in solicitors and barristers’ (bills),” she said.
“I’ve borne that cost myself and I no longer have James’s income. The impact on my mental health has also been huge. Every aspect of my life has been affected by it.”
But first she’s taking a rest over the Christmas break. Ms Pearce described the three-day inquest as “exhausting.”
Mayor Bob Kirk and general manager Warwick Bennett personally apologised to her on Friday over Mr Hughes’s death. Ms Pearce said they told her they understood the huge impact of his loss on her and it had also deeply affected them and staff. Further, they were “absolutely” committed to ensuring it didn’t happen again.
“It meant a lot to me that they took responsibility for it and that they were sorry,” Ms Pearce said.
“There’s not much more I can ask of them than to be accountable.”
A police scientific report revealed two potholes across the north and southbound lanes that day and damage in between.
Total road surface damage measured 3.8 metres wide, 1.5m long and 11cm deep, with edges pushed up on the top side of the hole, Ms Pearce said. These dimensions were also confirmed in an engineer’s report.
At that stage Oallen Ford Road had only been opened to traffic since September 11, 2015. The council had fielded public complaints about potholes in the same area on September 28 and October 1, 2015 but had not acted upon them, the inquest heard.
Internal reporting processes and communication had also broken down through staff leave.
St George’s Basin man Fred Kroesche had testified that when he travelled the road on September 27 and 28, the road damage was big enough “for a vehicle to hop to the centre line” and potentially crash into any oncoming car.
He was driving a Nissan 4WD.
“I came the corner and looking at oncoming traffic and didn’t see the hole. It felt like the wheels and suspension were being ripped off the 4WD. It shook the whole vehicle,” Mr Kroesche said.
He said he didn’t hear back from the council after lodging his complaint on September 28.
Ms Pearce said all councils could learn lessons from evidence aired at the inquest. Similarly, members of the public also had a responsibility to report road damage to councils if it could save a life.
“The learning needs to be broader so it doesn’t happen anywhere else,” she said.
“If (this inquest) saves someone’s life and saves another person going through what I and his family have been through, it will be worth it.
“I found it distressing to hear all the things that went wrong, all the opportunities to act on information and that it didn’t ring alarm bells.
“If one person had acted differently, James would still be here and that’s the tragedy of it.”
Ms O’Sullivan will hand down her findings at Glebe Coroners Court on February 21, 2016.