11-06-2025
Family of highway worker crushed to death by 'rotten and unsafe' tree during Storm Eunice are suing for £200,000 compensation
The family of a highway worker killed by an 'unsafe' tree during Storm Eunice are suing for more than £200,000 compensation over his death.
Jack Bristow, 23, died of major head injuries when an 18 ton 'rotten' tree crushed the truck in which he was travelling after delivering traffic equipment to a site in Alton, Hampshire.
He had been out doing essential maintenance work, collecting traffic light equipment that could have posed a significant danger to the public.
The horror accident happened just minutes after answering a text from his mother asking if he was okay.
Mr Bristow, from Sutton Courtenay, Oxfordshire, left a son now aged four - as well as other grieving relatives, including his parents, Teresa and Gary Bristow, who are now suing over their son's death.
They are seeking over £200,000 compensation for his estate from the owner of the land where the tree was sited, David Meisels, and Mr Bristow's employer, Hooke Highways Ltd.
They claim the young man should not have been sent out to work in the deadly storm and that Mr Meisels should have taken action about his tree, which they say was rotten and unsafe.
But lawyers for the landowner are denying any blame and arguing that the accident was 'an act of God and a natural event that could not reasonably have been anticipated or prevented'.
The Storm Eunice cyclone hammered the south east of England on February 18, 2022, and was considered to be the worst storm to batter Britain in more than 30 years.
Prior to the storm, the Met Office issued weather warnings, which covered Hampshire and parts of Oxfordshire, stating: 'The red warning areas indicate a significant danger to life as extremely strong winds provide the potential for damage to structures and flying debris.'
They later advised that only essential travel should take place.
The young father was one of four killed by the storm, with his family's lawyers claiming that his employers were well aware of the red warnings and the high winds anticipated in Hampshire.
They had posted a 'STAY SAFE' message on Facebook, which pointed out that some county councils in the West Country had warned against 'unnecessary travel'.
On the morning of February 18, he had been briefed to meet his colleague and collect traffic lights, barriers and cones to be delivered to the Alton depot, from where they planned to return to their base in Watlington, Oxfordshire.
He pointed out that the tragic journey had involved a three-hour round trip in hazardous conditions, arguing that staff should have carried out a proper risk assessment beforehand and even waited for the red warning to lift before the pair were ordered out on the road.
While heading back to their depot, the Mercedes Benz flatbed truck the 23-year-old and his workmate were travelling in was hit by the falling tree, 'crushing' the front cab.
Emergency services who rushed to the accident in Old Odiham Road, Alton, tried to help, but were unable to treat his severe head injuries, pronouncing him dead at the scene.
His colleague was also injured in the tree fall.
In documents filed at the High Court, it is said Mr Bristow and his colleague were called out during extreme conditions which were known to be hazardous and that both Hooke Highway and Mr Meisels 'ought to have been aware of the red warnings and the risk of high winds.'
He claims the tree that killed the highway worker was in a derelict state and should have been dealt with before the storm winds sent it crashing onto the road.
The barrister cited a range of alleged defects afflicting the tree, located just to the west of Old Odiham Road, claiming it was in a 'poor and unstable condition'.
The tree's plight was demonstrated by 'extensive, active and severe decay', fungal brackets, a main stem which was hollow and 'two substantial cracks' near its most vulnerable point.
'The poor condition of the tree and the risk it would fall over into the road would have been obvious to Mr Meisels and/or any competent professional had the tree been inspected,' it was argued in court documents.
He claimed Mr Meisels' fault lay in 'failing to carry out sufficient and/or adequate inspections of trees that bordered the highway; failing to identify the poor condition of the tree and/or manage the risks posed by the tree; and failing to undertake any or any sufficient risk reduction works to the tree - taking into account its proximity to a road'.
Lawyers for Mr Meisels said that he 'denies that the tree was in a dangerous condition that was known, or ought reasonably to have been known, by him prior to the incident.
'The tree appeared healthy, stable, and showed no visible signs of disease, decay, or structural weakness prior to the incident. Mr Meisels reasonably relied upon this appearance and was not under any obligation to obtain expert inspection absent visible warning signs.
'He avers that the tree fell was a result of an unforeseeable storm event and strong winds, which constituted an act of God and a natural event that could not reasonably have been anticipated or prevented.
'Mr Meisels exercised reasonable care as a landowner, including periodic inspections of the property and trees thereon, and therefore did not act negligently.
'Further, and in the alternative, Mr Meisels avers that the deceased was aware of the red warning and the potential risks of working under such conditions. As such, the death occurred at the deceased's own risk and/or as a result of contributory negligence,' they concluded.
Mr Bristow's legal defence said his former employer should have considered delaying his equipment delivery task until the storms had died down.
'They failed to have any or any adequate regard to the severe weather and the risks it posed, as identified in the red warning or otherwise, before instructing the deceased to attend the Alton Depot,' said the barrister, adding that his superiors failed 'to consider adequately or at all other options to achieve or delay the task so as to avoid exposing the deceased to a risk of injury or death.'
Paying tribute to Mr Bristow, his family previously said in a statement: 'We write this with broken hearts. The loss of a son is something you could ever be prepared for.
'Jack was a much loved son, grandson, boyfriend and father.
'Everyone knew Jack and everyone loved Jack, how could you not. He was a joker, loved to have a laugh and a good time.
'He lived life to the full, and had done and been through so much in his young 23 years.
'We are absolutely devastated and there are not enough words to describe our pain. But he lives on through his son Harvey. Rest in Peace Jack, we love you more than you will ever know.'
