INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JOHN NOBLE [2009] ScotSC 124 (02 July 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JOHN NOBLE [2009] ScotSC 124 (02 July 2009)

John Noble died as a result of multiple injuries sustained in a single vehicle road traffic accident while acting in the course of his duties as a firefighter. The accident was caused by the fire appliance losing traction on a right-hand bend due to oily diesel deposits on the wet road surface, leading to loss of control and collision with trees. There were no reasonable precautions or defects in the system of working identified that could have prevented the death.

Citation
[2009] ScotSC 124
Parties
Deceased: John Noble; Procurator Fiscal Depute (crown): Mrs Gordon; Solicitor for Family and Fire Officers' Union: Mr Smith; Solicitor for Scottish Fire Service: Mr Wade
Jurisdiction
Scotland
Judgment Date
02 July 2009
Procedural Posture
Fatal Accident Inquiry / Determination After Evidentiary Hearing
Outcome
Death determined to have occurred as a result of accident; no recommendations or findings of fault.
Legal Topics
Fatal Accident Inquiry, Road Traffic Accident, Workplace Accident, Emergency Services Procedure
Coronial Law Public Safety Fatal Accident Inquiry Road Traffic Accident Workplace Accident Emergency Services Procedure

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Parties

John Noble

Deceased

Mrs Gordon

Procurator Fiscal Depute (crown)

Mr Smith

Solicitor for Family and Fire Officers' Union

Mr Wade

Solicitor for Scottish Fire Service

Procedural Posture

Fatal Accident Inquiry / Determination After Evidentiary Hearing

Legal Issues

  1. 1 Circumstances and cause of John Noble's death in a road traffic accident while on duty as a firefighter
  2. 2 Whether any reasonable precautions could have prevented the death
  3. 3 Whether any defects in the system of working contributed to the death

Ratio Decidendi

John Noble died as a result of multiple injuries sustained in a single vehicle road traffic accident while acting in the course of his duties as a firefighter. The accident was caused by the fire appliance losing traction on a right-hand bend due to oily diesel deposits on the wet road surface, leading to loss of control and collision with trees. There were no reasonable precautions or defects in the system of working identified that could have prevented the death.

Court Disposition

Death determined to have occurred as a result of accident; no recommendations or findings of fault.