Man almost lost his leg after driver's 'momentary lapse of concentration'
A court heard a "momentary lapse of concentration" by Lavin led to the collision taking place. Lavin failed to see Mr Rostron when he pulled out of a road, joining Llandudno Road, Rhos on Seas, on May 26, 2023 at about 9.20pm. The conditions were clear and dry.
The Citreon DS3 driven by Lavin, who was 18-years-old at the time, struck Mr Rostron's motorcycle, who was travelling along Llandudno Road at between 25-30mph, with his lights on, knocking him off the bike.
Lavin admitted causing serious injuries by careless driving. Lavin, now aged 20, of Parc Castell, Llandudno Junction, did what he could at the scene, Caernarfon Crown Court heard, but Mr Rostron was left badly injured.
Jade Tufail, prosecuting, said the victim was initially taken to Ysbyty Glan Clwyd on a spinal board, before being transferred to the Royal Stoke University Hospital.
Mr Rostron had suffered open fractures to his leg, ankle and foot, as well as a "complete division of his achilles tendon", she said. He was in hospital for three months, needing four operations and had faced the prospect of his leg being amputated due to a lack of healing.
However in March this year, it was confirmed that was not required. He also suffered frequent infections.
A victim impact statement from Mr Rostron said he was still suffering from the injuries, which had weakened his right leg and left him unable to walk more than a couple of hundred metres, meaning his parents had to do his shopping, with a carer coming in once a week to help.
It had also increased his mental health problems, due to being unable to get out and ride his motorbike like he used to, leading to depression and anxiety. The court heard Lavin had no previous convictions and was of positive good character.
Richard Dawson, defending, said the defendant had entered an early guilty plea, had fully co-operated with the investigation, was genuinely remorseful, had no other endorsements on his licence and was in full time employment and also volunteered to help youngsters at a local boxing gym.
"It was an out of character incident, borne out of inexperience," said Mr Dawson.
Judge Nicola Jones said the collision had caused Mr Rostron serious injuries to his leg, ankle and foot, after an unsafe manoeuvre, following a "momentary lapse of concentration" by Lavin. "It was inexperience, rather than irresponsibility, that caused the collision," she said.
Judge Jones sentenced Lavin to 40 hours unpaid work and disqualified him from driving for 12 months - with no extended retest. He was also ordered to pay costs of £150.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
North Wales Live
3 days ago
- North Wales Live
Man died in Tesco car park collision after driver's foot 'slipped from brake'
An elderly driver's foot "slipped" onto the accelerator in a Tesco car park before he caused the death of a man. Timothy Field, 81, crashed into David Lumb in the supermarket car park in Newtown, Powys. Mr Lumb, 78, was taken to hospital but died 17 days later. Caernarfon Crown Court today heard Mr Lumb's widow Jean called for "forgiveness and leniency" following the tragedy. The judge Her Honour Nicola Jones said Mrs Lumb's attitude was remarkable and rare. She gave Field, of Red Lane, Tregodva, Shropshire, an eight-month prison sentence for causing death by careless driving but suspended it for 12 months. You can sign up for all the latest court stories here Prosecutor Sion ap Mihangel said Mr and Mrs Lumb had been to Tesco in Newtown on March 18 last year. She returned to their car while Mr Lumb used the toilets. The defendant, who was in a red Jeep, asked Mrs Lumb, who was sitting in her parked Dodge Nitro car driver's seat, if she was about to leave. The prosecutor said: "It appeared to Mrs Lumb that he (Mr Field) was anxious to park in the same spot. "She replied they would have to wait a minute as her husband was on his way." Mr Lumb then came out of Tesco and walked in front of the red Jeep. But the Jeep drove forward and collided with Mr Lumb, knocking him to the ground, said the prosecutor. He was in front of its passenger side. The Jeep then went forward again, going over his leg. Mrs Lumb initially thought her husband had fallen over but then noticed blood from his nose and temple. Mr ap Mihangel said: "He was laughing and she (Mrs Lumb) did not think he was seriously injured. (But) others at the scene were noticeably angry towards the defendant, who repeatedly said he was sorry." Emergency services were called. Field later told police he had been looking for a disabled parking space, adding: "My foot became wedged between both pedals," adding that his car "lurched forward". The court heard after hitting Mr Lumb the Jeep continued and collided with another car. Field said he "was in shock" and that he co-operated with the emergency services. Mr Lumb was taken to the Royal Shrewsbury Hospital. The casualty, who was already on blood thinners, had suffered tissue damage and bled extensively into his left leg. The tissue died in his leg and he was in "complete agony". There were discussions about an amputation but by April 4 it was not viable. Mr Lumb, of Carno, developed sepsis and died that day, seventeen days after the collision. The court heard the couple had been married for 45 years. Mrs Lumb's husband, a former engineer, had a passion for archery, wood carving and a pilot's licence. Mrs Lumb read a statement from the witness box today. She said Mr Lumb - Dave to her - had been a "blunt Yorkshireman with a dry sense of humour and kind". They had even "joked" in hospital that he could compete in archery in the Paralympics. But his condition deteriorated. She said he told her to get some sleep and she left. Mrs Lumb said: "The hospital rang me three hours later to say that he had died. When I went to the hospital to see him he still had a smile on his face." Mrs Lumb said Mr Lumb was a role model in accepting adversity. Today she also said: "I comforted Mr Field and told him we would not be pressing charges." She said Field has now had his punishment and called for "compassion and leniency" from the judge. The judge Her Honour Nicola Jones told the defendant his "foot had slipped from the brake onto the accelerator and become wedged in that divide, colliding with Mr Lumb and running him over". The court heard Field has given up driving but the judge disqualified him from driving for two years. He must pass an extended retest before he ever drives again. She said Mr Lumb had been a "quietly remarkable man" and added that Mrs Lumb herself had shown "resilience, compassion and forgiveness" which was rare and that it had been an "honour" to meet her.
Powys County Times
3 days ago
- Powys County Times
Dodge driver spared prison over Newtown Tesco car park death
A driver in his 80s has been spared prison for causing the death of a disabled man after running him over in a supermarket car park. David Christopher Lumb was 78 when he died in hospital from sepsis more than a fortnight after he was tragically knocked down by an automatic red Dodge Nitro SUV driven by 81-year-old Timothy Field outside Tesco in Newtown on March 18 last year. Blue Badge holder Field was waiting for Mr Lumb's wife to vacate a disabled parking bay when his foot became wedged between the brake and the accelerator. "Blunt Yorkshireman" Mr Lumb was making his way to his wife's car when he was knocked to the ground by the vehicle which again launched forward over his legs before hitting another car. The incident was captured on CCTV. Carno pensioner Mr Lumb, who was seen laughing and didn't think he was seriously injured, was taken to hospital but by April 3, his condition deteriorated as the tissue in his leg died and he was in "complete agony", Caernarfon Crown Court was told. Mr Lumb opted for end-of-life care and died on April 4 with "a smile on his face", his widow said. Dr Jean Lumb told the court that her husband remained cheerful after the collision and "never expressed resentment towards the driver". She explained that he was a "tremendous" role model for people in adversity, using his dry humour. Mr Lumb's widow travelled to Australia in April, the first anniversary of his death, to celebrate 45 years of marriage, where she suffered a heart attack and spent five weeks in hospital in Canberra. "When I comforted Mr Field [at the scene of the crash], I assured him that we were not pressing charges," she said. "I still feel the same; that he had his punishment. I ask for compassion and leniency." Her Honour Judge Nicola Jones praised Dr Lumb for her strength of character following the tragic death of her beloved husband. "You were very lucky to have a man like David in your life," she said. "He seems to have been a quietly remarkable man. "But I will say that you are a remarkable woman who has shown resilience and compassion and forgiveness which we don't often see in this court. That's a reflection of you and David. Defence barrister Owen Edwards KC echoed the judge's words about Dr Lumb, adding that Field was "grateful beyond measure" for her "remarkable approach". Mr Edwards said: "His gratitude is extended because of her kindness in being willing to see him at the crown court but also requesting to see him. "They had an hour together and, in that context, when he found out for the first time that she had suffered a heart attack his immediate comment was 'well, that must have brought it along'. It's the measure of guilt that he feels. "He is a broken man as a result of this and he has had a similar medical history, with two strokes. He was dealing that with resilience until this incident and is now wheelchair-bound partly by the loss of spirit. "That has seemed to some extent been remedied by meeting Dr Lumb. He could not believe that people like her existed. "He's lived with the pressure of a prison sentence which he accepts. What he couldn't live with was what he has brought about. He is somebody who considers road safety as paramount importance. "The public must know that this is not a case where a man hasn't suffered punishment. He has suffered his punishment. He has given up his licence and will never drive again." Judge Jones told Field that he came to court ready to go to prison "and that would have been for himself some recompense for the death of Mr Lumb. But I am not sending him immediately to prison today". She sentenced Field to eight months in prison which was suspended for 12 months after he admitted causing Mr Lumb's death by careless driving at an earlier hearing. "The punishment is having to live with the death of Mr Lumb for the rest of your life," the judge explained.
North Wales Live
4 days ago
- North Wales Live
Man almost lost his leg after driver's 'momentary lapse of concentration'
A biker almost lost his leg after being struck by a car. Marc Rostron was left with serious injuries and faced having his leg amputated after the motorbike he was riding was struck by a car being driven by Harrison Lavin. A court heard a "momentary lapse of concentration" by Lavin led to the collision taking place. Lavin failed to see Mr Rostron when he pulled out of a road, joining Llandudno Road, Rhos on Seas, on May 26, 2023 at about 9.20pm. The conditions were clear and dry. The Citreon DS3 driven by Lavin, who was 18-years-old at the time, struck Mr Rostron's motorcycle, who was travelling along Llandudno Road at between 25-30mph, with his lights on, knocking him off the bike. Lavin admitted causing serious injuries by careless driving. Lavin, now aged 20, of Parc Castell, Llandudno Junction, did what he could at the scene, Caernarfon Crown Court heard, but Mr Rostron was left badly injured. Jade Tufail, prosecuting, said the victim was initially taken to Ysbyty Glan Clwyd on a spinal board, before being transferred to the Royal Stoke University Hospital. Mr Rostron had suffered open fractures to his leg, ankle and foot, as well as a "complete division of his achilles tendon", she said. He was in hospital for three months, needing four operations and had faced the prospect of his leg being amputated due to a lack of healing. However in March this year, it was confirmed that was not required. He also suffered frequent infections. A victim impact statement from Mr Rostron said he was still suffering from the injuries, which had weakened his right leg and left him unable to walk more than a couple of hundred metres, meaning his parents had to do his shopping, with a carer coming in once a week to help. It had also increased his mental health problems, due to being unable to get out and ride his motorbike like he used to, leading to depression and anxiety. The court heard Lavin had no previous convictions and was of positive good character. Richard Dawson, defending, said the defendant had entered an early guilty plea, had fully co-operated with the investigation, was genuinely remorseful, had no other endorsements on his licence and was in full time employment and also volunteered to help youngsters at a local boxing gym. "It was an out of character incident, borne out of inexperience," said Mr Dawson. Judge Nicola Jones said the collision had caused Mr Rostron serious injuries to his leg, ankle and foot, after an unsafe manoeuvre, following a "momentary lapse of concentration" by Lavin. "It was inexperience, rather than irresponsibility, that caused the collision," she said. Judge Jones sentenced Lavin to 40 hours unpaid work and disqualified him from driving for 12 months - with no extended retest. He was also ordered to pay costs of £150.
