My name is Edward Davison and my wife Elaine died on 11 November 2010 when a falling tree branch crushed our car. I believe her death was as a result of errors made by the Council to maintain the tree and also not to fell the tree when it was reported as in bad health.

This was an accident that could have and should been avoided. A serious case of mis-management and total disregard to H&S of general public section 3 & 7 H&S at work act.

The £3000 I need to raise will go towards funding a specialist legal team and Barrister to represent me at the Pre Inquest Review Hearings and the final Inquest which will take place into my wife’s death. 

The Council are a party to this Inquest and are legally represented. Having a barrister represent me will mean that they can question the relevant witnesses so I can get to the bottom of what happened to Elaine and why the errors were made by the Council in their maintenance of this tree. 

My team will also be able to make suggestions to the Coroner regarding learning lessons for the future in the hope that the Coroner will produce a report at the end of the Inquest dealing with any policies and procedures that need to change to stop this from happening to someone else.

Elaine and I were traveling in our car on the 11 November 2010 at around 8.30pm when a branch from a tree situated in St Peter’s Churchyard, next to the A642 Aberford Road, Wakefield fell onto our car causing her to be fatally injured.

The tree in question was managed by, and the responsibility of Wakefield Metropolitan District Council (WMDC) since 1992.

I was the driver of the car and I remember there being a loud bang and a crashing sound, and something fell onto the road directly in front of the car. I immediately braked, but could not avoid impacting with the falling object. I could see leaves and branches immediately and quickly realised the front windows and rear windscreen were smashed. One of the branches from the tree had protruded through the windscreen and entered Elaine’s torso, just below the chest. I ran round to the other side of the car in order to assist Elaine, and quickly realised the situation was very serious.

Fire and Rescue attended the scene and eventually managed to cut Elaine free from the vehicle and taken to Pinderfields Hospital. Despite the medical teams best efforts my wife was declared dead at around 9.30pm that evening.

Accountability of the Council

Since May 2008 the Council were aware that this tree was in poor condition. It was inspected/visited a further 4 times over the two years that followed on each occasion it being noted that it needed felling before my wife was killed.

Three separate expert arboricultural reports were prepared following Elaine’s death and they were all in agreement that the tree was diseased, that this was the primary reason behind it falling, and that the extent of the disease, and thus the danger to life, could have been discovered and mitigated prior to it falling.

Two of the reports were highly critical of the procedures, decisions and management of the tree by the Council in the years up to my wife’s death. They are critical of the record keeping, information sharing and decision making which led to the tree not being removed.

Why am I asking for your support?

Elaine’s death should and could have been avoided, the Council were aware for over 12 months that this tree was in a dangerous condition. I want to be represented at this Inquest by a legal team so I can properly challenge the procedures, systems and management by the Council and to ensure that lessons are learned from Elaine’s death so changes can be made not just at a local level but at a national level too.

I want to make sure that no other family have to go through what we have had to and that future tragedy’s like Elaine’s death can be prevented. 

I am asking please for your support to fund my representation at an Inquest into the circumstances of Elaine's death.

“An Inquest is an important process for a family to participate in to get the answers that they have regarding their loved ones death and to be part of the procedure that can lead to changes where changes need to be made to prevent future deaths from happening. With the CPS and the HSE refusing to conduct their own investigations/enquiries into Elaine’s death this is the only process that Edward can now be part of to make sure that answers are given to the questions he still has about why Elaine died and to try and instigate change not just  at a local level but at a national level too regarding the procedures and systems Council’s have in relation to the maintenance of trees. Elaine’s death was tragic and need not have happened had the proper systems been in place at the time"

Gemma Vine Solicitor of Lester Morrill Solicitors

I am being represented by Gemma Vine of Lester Morrill Solicitors and Jacqueline Swain of St Johns Buildings Chambers