Gifted 16yo UK musician killed by falling branch.

Eric Frei · 2nd April 2009, 11:25 AM

Musician killed by falling branch after council failed to warn tree's owner - Telegraph

Quote:

Musician killed by falling branch after council failed to warn tree's owner

An "exceptional" young musician was killed by a branch falling from a decaying 150-year-old oak after a council failed to alert the tree's owner to the risk, a coroner has ruled.

Grace Turner, a gifted piano and viola player was returning from a concert when the limb of the tree - weighing more than a tonne - fell on a car taking her home along a country road in Devon.

The 16-year-old was travelling in the front passenger seat being driven by her friend's father, Carl Budden, when the 20ft branch fell on August 4, 2006.

Two years earlier Devon County Council commissioned a survey into the health of the tree. It was not recommended for chopping down, and instead further "tomography" tests - to determine the extent of the decay - were called for.

But those tests were not carried out because the report was never sent to the landowner, retired Army colonel Anthony Langham, the inquest in Plymouth heard.

That meant new results that might have led to the removal of the tree never emerged.

Recording a verdict of accidental death, Deputy Coroner Andrew Cox said he would be writing to the chief executive to recommend sweeping changes to council's procedures.

Mr Cox said: "By any measure Grace Turner was an exceptional individual. A talented student and a gifted musician with a passion for outdoors. We've heard how she inspired others to give their best."

He added: "It seems that the 2004 survey was sensibly commissioned, but there seems to have been an emphasis on completing the survey, rather than checking the work was actually carried out.

"Police uncovered that there was no meaningful system in place to follow up what was done with High Risk tree reports.

"That seven out of 16 reports were not actioned is unacceptable. It is absolutely right that the system should be changed. It needs to be radically overhauled."

After the hearing Grace's' mother Deborah Southon, a senior NHS manager, said she believed the failures were directly responsible for the teenager's death.

She hopes the HSE would now assess the inquest findings and launch a prosecution.

She said: "Clearly not only was no action taken on this tree, a large oak, which was one of those requiring a closer look, but the council could not provide any documentation to demonstrate proper attempts were made to follow up the recommendations of the survey.

"In my personal opinion this cavalier and careless attitude directly resulted in the death of my daughter Grace."

John Halliday, then the council's chief assistant engineer, conceded it was a "regrettable state of affairs" that no report appeared to was sent to Mr Langham recommending further examination.

He was unable to explain why the documents about fresh tests were never sent to him.

Mr Budden, his son Tom and another member of the orchestra, Chris Davies, escaped unharmed but the branch had crushed the front passenger side of the car inflicting severe head injuries on Miss Turner. She died in hospital three days later.

The inquest heard they were travelling on the A385 between Totnes and Dartington at around 11.30pm on a warm and still evening.

The court was told the accident may have been caused by a rare phenomenon called "summer branch drop".

Tree surgeon Alan Paine said the 90-foot oak tree was relatively healthy, as was the branch that fell on Miss Turner.

But a second expert, consultant arborist Dominic Scanlon, who inspected the tree two years after the 2004 survey, disagreed.

Any tree with a risk factor of one in 10,000 should be felled, according the the HSE guidelines, he said. But the extensive fungal decay of this tree put its risk as high as one in ten.

He was unable to say if the problem would have been so obvious at the time of the first survey, two years before, but said that it was likely to have been a contributing factor in the branch falling.

He said: "I would have predicted the whole tree would have come over. That was the most likely evidence I saw on the day. The level of decay and the problem were easily detected. I had a rubber mallet and I also found a cavity at ground level that I could put my mallet into.

"It extended considerably below ground level."

Mr Budden said he collected the teenagers after they had been out for a drink to celebrate their concert performance.

Miss Turner, from Ivybridge, had one brother and one sister and wanted to go to Southampton University to study medicine.

She was a youth politician, had lead a team on the Ten Tors challenge and excelled in the Duke of Edinburgh award scheme.

On the night of the accident she had performed in a concert at St John's Church in Totnes with South West Camerata.

In evidence Mrs Sothon said her daughter was "immeasurably special".

Pc Matt Hollins, of Devon and Cornwall police, said when he investigated the crash he asked Devon County Council to show him the tree identified in the 2004 report.

He told the hearing he was shown a photograph of the stump of a felled tree but when he carried out his own investigation he found the photograph was of different tree.

He said: "The council has no accountable system to prove the landowners were contacted or if when the landowners were contacted they had done anything to ameliorate the risk."

Of the identification issue, Mr Halliday conceded: "A number of my colleges suffered the same difficulty as I had - that a tree is brown and has green leaves."

He added: "The system of identifying trees that are at risk has been reviewed and a more positive identification of trees rather than just a photograph will be implemented."

The coroner suggested: "Spray them with a tin of paint?"

Mr Halliday replied: "That would seem the sensible thing to do."

Sad situation, the cycle of trees is they mature then slowly decline ... it's that tail end of their life you better watch out for.

If the tree belongs to a private land owner Mr Langham why is the council doing the report etc? That's the only part I dont understand.

Garry Brockley · 2nd April 2009, 11:35 AM

its probably roadside but the land owner is legally responsible for all trees on his land, the council have to show proof that the land owner was informed of the problem, if they can show that, then the land owner is responsible, ie once you are informed of a problem tree it is then your responsibility to have the tree assesed and treated acordingly.
i used to make 10 phone calls a week to the council about problem trees roadside they then had to contact the land owner to get it sorted or deal with it themselves if it came under their durastiction.

Bruce Hopf · 7th April 2009, 03:00 AM

This is another Sad Case, that Council has Overlooked, just like the Wild Fires down in Australia, chart a lot of Deaths could have been Avoided, if Council Members would have Gotten off their Lazy Acres, and done their Jobs Completely, instead of Sweeping Recommendations under the Carpet.
Sorry for the Vent, but I hate People who Waste Tax Payers Money, for Wages not Deserved.

Sorry. Bruce.

2nd April 2009, 11:35 AM	#2
Garry Brockley Bayside Tree Care Brisbane Join Date: Jun 2008 Location: Brisbane Aus Posts: 1,649	Re: Gifted 16yo UK musician killed by falling branch. its probably roadside but the land owner is legally responsible for all trees on his land, the council have to show proof that the land owner was informed of the problem, if they can show that, then the land owner is responsible, ie once you are informed of a problem tree it is then your responsibility to have the tree assesed and treated acordingly. i used to make 10 phone calls a week to the council about problem trees roadside they then had to contact the land owner to get it sorted or deal with it themselves if it came under their durastiction. __________________ My business:- Brisbane Bayside Tree Care

7th April 2009, 03:00 AM	#3
Bruce Hopf Veteran Heritage Status Join Date: Dec 2008 Location: North of Sebringville, Ontario, Canada Posts: 1,176	Re: Gifted 16yo UK musician killed by falling branch. This is another Sad Case, that Council has Overlooked, just like the Wild Fires down in Australia, chart a lot of Deaths could have been Avoided, if Council Members would have Gotten off their Lazy Acres, and done their Jobs Completely, instead of Sweeping Recommendations under the Carpet. Sorry for the Vent, but I hate People who Waste Tax Payers Money, for Wages not Deserved. Sorry. Bruce. __________________ McCulloch chain saws 1- Pro Mac 60, 1- Pro Mac 700, 2- Mac 10-10 Automatic's, 2- Mini Mac 30's, 2- Mac 110's, 2- Mini Mac 35's, 1- Mac 140 with Automatic Chain Sharpener, 1- Pro Mac 10-10, 1- Mac Cat, 2- Eager Beaver 2.0's, 1- Mac 1-10 Stihl chain saws 2- 044's, 2- 034's, 2- 024's, 1- 064, 1- 084, Strunk chain saws 1- Busy Beaver, 1- SpeeDemon Special Stand Back, I Have A Very Extreme Case of CAD (Chain Saw Addiction Disorder).

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