Pal saw lollipop man die in road
ARETIRED lollipop man was knocked down and killed as he crossed the road to meet a pal who witnessed the tragedy unfold.
John Smith, 84, put up his hand as if to ‘ward off’ the approaching Volkswagen Golf, Minshull Street Crown Court heard.
His friend Geoffrey Borrell saw the fatal accident as Mr Smith was struck as he crossed Brinnington Road in Stockport.
Now the driver of the Golf, Paul Johnson, 39, has gone on trial accused of causing death by careless driving in the collision, which happened shortly before 7pm on the ‘dark’ evening of February 5 last year.
Mr Johnson, of Gowerdale Road, Brinnington, was driving within the speed limit at the time. But, opening the case, prosecutor Peter Cadwallader told the jury that this was ‘too fast for the particular circumstances.’
Mr Smith had mobility problems which meant he needed a cane, could only see clearly out of one eye and lived alone, with the help of three carers, at a home near the scene of the accident.
Mr Cadwallader told the jury the fact he walked slowly was ‘important, because it mean he would be in the road way for a lot longer than a person with normal gait.’
This, and the straight layout of the road, gave Mr Johnson, or any other driver, ‘much more opportunity to see (John Smith) slowly going across the road,’ Mr Cadwallader alleged.
When he was interviewed by police after the collision, Mr Johnson said after being ‘dazzled’ by the lights of an oncoming car, he saw Mr Smith and decided to drive around him.
Mr Cadwallader said confronted with this situation, ‘a prudent and careful driver would have slowed down significantly.’
John Smith would regularly visit the home of Geoffrey Borrell, whose home was on the other side of Brinnington Road, and whose wife would pick up groceries for him.
Giving evidence, Mr Borrell told the jury that after inviting him over on the phone, he would always watch Mr Smith make his way to his house.
Describing the fatal incident, Mr Borrell said: “John had gone over the white line which was in the centre, about that time he began to move a bit faster because I think he was aware there was a car coming...he put his hand up and tried to walk a bit faster as though he was trying to ward it off, and it hit him.”
Mr Borrell said the driver later said to him ‘he came across too fast - I didn’t see him,’ or ‘words to that effect.’
Questioned by Mr Johnson’s defence barrister Earl Pinnock, Mr Borrell accepted that occasionally Mr Smith would ‘put himself in harm’s way’ when he crossed the road, stepping out before it was clear.
Mr Borrell said that cars would usually slow down to let him cross, and that on the night in question he thought this would happen - or that John would ‘make it across before he was hit.’
Mr Pinnock went on: “Was the main reason why you would go and check on him because you were concerned he was not crossing the road properly?”
“The reason why was because he was so infirm on his feet. I watched out for him because of that”, Mr Borrell replied.
Mr Borrell said he didn’t have the hearing aid he usually uses on that night, and didn’t see the car approach from the right, possibly because a parked car obscured his vision. He couldn’t recall if Mr Smith had been wearing his glasses, or if the collision had knocked them off.
Mr Johnson denies driving carelessly. »●Proceeding