Widow Battles Council: Pothole Blamed for Husband's Death

Grieving widow Aileen Newcombe is suing the council she blames for her biker husband’s death.

A coroner ruled that 70-year-old Robert Newcombe was thrown from his machine as a result of a “degraded road surface”.

Now, his 71-year-old widow has launched a High Court action against North Northamptonshire Council, claiming “substantial” damages. But above all, she wants justice for her husband of 47 years.

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“They have tried to blame him and I’m not having it,” said Mrs Newcombe, of Julian Close, Ilkeston . “I don’t care if I get nothing. I want his name exonerated. I want people to know he did nothing wrong.”

The council denies liability and the case will go before a judge if the two sides cannot reach a settlement.

Retired union official Mr Newcombe – known as Bob – had been passionate about motorbikes since childhood and was on his Indian Scout Bobber machine when he set out from Kirkby-in-Ashfield with dozens of other bikers on the morning of September 25, 2022, intending to visit a memorial to the founder of the Hells Angels.

The convoy was on the A43 in Northamptonshire when the incident occurred.

As Mr Newcombe was approaching a right-hand bend towards the village of Walgrave and beginning to pass a vehicle, another rider who was partaking in the same event reported that his motorcycle hit a reflective road marker. The witness mentioned that Mr Newcombe swerved a little and attempted to regain control, however, his bike "went airborne." Upon landing, both he and the motorcycle were flung onto the roadway.

A police crash investigator said Mr Newcombe slid 53 metres before hitting the kerb of a traffic island. He suffered head injuries from which he died at the scene, despite efforts by paramedics to save him.

The officer found the road “heavily disrupted, uneven and undulating” with peaks and ruts in the road surface creating a difference in levels of up to five inches or more.

"Poor-quality repairs led to the A43 near the turn towards Walgrave becoming hazardous, as the tarmac melted and subsequently hardened, resulting in a perilous, uneven road surface," state Mrs Newcombe's legal representatives in her compensation claim.

They criticise the council for ignoring multiple earlier warnings from residents regarding the deplorable condition of the street. "The potholes have persisted for several months, growing bigger and deeper over time, posing a significant hazard now," stated one individual. "Someone could end up being injured severely."

In the eleven months following the incident, the council documented forty-five comparable complaints as per the claim papers. Just under three months afterwards, another motorist commented, " numerous deep potholes here. It’s an issue repeatedly brought up before. Could turn into a fatal crash at any moment."

Ken Brough, a personal injury solicitor at Hodge Jones & Allen, who represents Mrs Newcombe, stated: "No family ought to endure the agony of losing someone they love during what should be an ordinary bicycle trip. Regrettably, the inquest into Robert Newcombe’s demise found that he tragically died due to the deplorable condition of the road where he was cycling."

The elevated and undulating terrain led to Mr Newcombe being catapulted over his handlebars, which unfortunately proved fatal. While it’s uncommon for a cyclist to perish due to substandard road conditions, such incidents do occur. It falls upon every council to guarantee thorough inspections and maintenance of all streets, irrespective of whether these tasks are managed internally or delegated externally.

The inspection process needs to be effective in practice rather than merely being a formality. We hope that the North Northamptonshire Council resolves our civil case with Mrs Newcombe quickly and ensures that valuable insights are gained, safeguarding future wellbeing.

The North Northamptonshire Council asserts that the incident occurred because Mr Newcombe was negligent and did not exercise proper caution regarding his own safety. They argue that he tried to overtake near a junction from his right side; did not wait until it was safely possible to do so; traveled at an inappropriate speed; lacked adequate control of his vehicle; and neglected to take measures to circumvent what they describe as potentially uneven sections of the road surface.

The police officer assessing the situation reckoned that Mr Newcombe was traveling between 52-64 mph in a designated 60 mph area. The officer commented, "I would characterize Mr Newcombe’s choice to try overtaking at that spot as imprudent yet not illegal."

One of the cyclists in the group stated: "I never saw Rob cycling aggressively, recklessly, or hazardously at any time. He is known for being highly skilled. This wasn’t our first outing together; he’s consistently demonstrated caution. In my view, this incident seems like an unfortunate coincidence rather than something preventable."

' I’ve had no peace since the day of the accident '

"My life has been completely shattered," stated Ailen Newcombe.

It has been two and a half years since the incident that took her husband away, yet she continues with therapy sessions. "Since the day of the accident, I've found no peace," she shared. "Every morning when I wake up, I feel nauseous."

“I never got to hold his hand and say goodbye to him. I think I feel I let him down in a way because I wasn’t there to protect him and we always protected each other.

“We had countless plans for our retirement, but now they've all vanished. I feel completely adrift without him.”

Bob and Aileen encountered each other 51 years ago at a social event organized through Stanton Ironworks, his place of employment. The couple tied the knot four years after their initial meeting and made their home in Cotmanhay.

Born in Swansea, he was raised in Kirk Hallam and has siblings named Dorothy, Kim, and Gary.

John Newcombe, son of Son John, honored his father as a "hands-on dad" who had been passionate about motorcycles since he was young. Later in their lives, Aileen frequently enjoyed riding pillion on numerous trips both locally and internationally alongside Bob.

As soon as he began earning pocket money as a youngster through delivering papers, he and his mate bought an old Tiger Cub motorcycle," stated teacher John, aged 47. "They would frequently ride it back and forth along nearby roads.

Later in his life, he owned several motorcycles and relished riding outings with fellow enthusiasts from the Deadbeats Biker Club. Additionally, he took pleasure in repairing motorcycles; in 2004, he embarked on a tour through Spain and Portugal.

My father was an involved parent who maintained a strong interest in my life throughout my upbringing. We both had a passion for athletics and often bonded over cheering for Nottingham Forest, engaging in dart games, and playing snooker.

I feel as though I've not just lost my father but also my closest companion and the individual I'd share my secrets with.

Over the final two decades of his career, Bob worked at Nottingham Queen’s Medical Centre. Initially starting out as a porter, he eventually took up the role of a full-time official with the Unison union. During his retirement, he found joy in delving into literature, exploring historical topics, observing birds from his garden, and most importantly, spending time immersed in family activities, particularly cherishing moments with his three grandkids.

The police inquiry into his demise, along with the inquest and the initiation of legal proceedings, intensified the anguish for her husband’s spouse. However, she believed that she must take a firm stance.

“She said, ‘That’s exactly what he would have done.’ I am carrying out this action for him. He was a man of strong values and ethics who remained steadfast in his beliefs. His priority was always the well-being of others. During his tenure in the union, he advocated for individuals who were innocent, and as his spouse, the very least I can do is ensure that he receives justice.”

She mentioned that she couldn't have considered taking legal action against the council without the "remarkable" assistance from BRAKE, an organization advocating for improved road safety and supporting those affected by crashes. This charitable group is financing her legal efforts.

John stated: "I think the council keeps subjecting my mother to this ordeal because they believed that insignificant folks like us would disappear as we lack the resources to challenge them."

Aileen commented, "Even if I receive nothing from this, the council must be held responsible for their actions against me and his family."

I am practical enough to understand that I am not the first individual in this situation and certainly will not be the last. However, there should be no reason for such fatalities. As a country, we possess sufficient funds to ensure our roads are adequately maintained.