Eco-warrior who fought to save the rainforests killed by a fallen tree
THE family of a conservationist who spent his life battling deforestation before he was killed by a falling tree are fighting for more than £200,000 compensation over his death.
World-renowned ecologist David Hoyle, 48, had his skull smashed when a 65ft cherry tree crushed his car as he drove at 70mph during high winds and heavy rain.
David, who advised on forest preservation in Cameroon and Tanzania, left behind three children and wife Marceline.
Claiming the tree should have been trimmed back months prior to its fall, his family are now suing Hampshire County Council.
They are also taking action against Simon P Holmes Ltd – trading as Tree Surveys – and Ed Power, the tree surgeon who carried out one check.
Collapse
All three parties deny they were to blame for the June 2017 tragedy, insisting they did everything necessary in terms of risk assessment and placing the blame on freak conditions, including 60mph winds.
The Hoyles’ case is being brought by David’s father, Michael, on behalf of the family as administrator of his estate.
Barrister Ben Davies told London’s High Court the fragile state of the cherry tree necessitated urgent action to prevent a collapse.
He explained: “[The tree] was located six metres from the edge of the road and growing at a height of between 15 to 20 metres.
“The crown was unbalanced and was also growing away from the wooded area towards and over
the carriageway,” he added, noting that the trunk was based “in or next to a ditch” by the A287, near Odiham in Hampshire.
“If the tree was likely to fail then it was very likely to fall into the carriageway, given the combined effects of leaning, crown imbalance and the lack of structural roots,” he told Judge Kirsty Brimelow QC. He alleged the tree was uprooted due to “pre-existing and identifiable structural features/defects on a wet and moderately windy day”. A “walking inspection” survey was carried out in February 2016 by an expert from the council highways department. A November 2016 tree survey was conducted by Mr Power for Simon P Holmes Ltd, who recommended “works” to maintain the tree’s safety, although these were not carried out.
Mr Power told the court he comprehensively examined the tree’s limbs and trunk and gave it a “priority rating” of six out of 16, adding: “In the short term I didn’t feel that the tree would have failed at that point.” The case continues.