One of the UK’s leading surgeons has admitted causing a crash that killed a holidaymaker in Perthshire in May 2009.
Oxford-educated Benjamin Kendrick lost control of a people carrier on the A93 Perth to Braemar road before striking the car driven by Roger Johnson.
Mr Johnson’s wife Joan, who was 55, died from her injuries at Ninewells Hospital.
Perth Sheriff Court heard the accident had been caused by “a moment’s inattention” on the part of Kendrick, who was driving three medical colleagues to a work seminar at Braemar.
However, the court also heard that Mrs Johnson who was described as “very obese,” with a medical history of kidney problems, hardening of the arteries and at least one heart attack probably would have survived had it not been for her health issues.
Depute fiscal Stuart Richardson said Kendric, of Berkeley Avenue, Chesham, was at the wheel of a hired Ford Transit when it clipped a kerb near Bridge of Cally, veered on to the opposite side of the road and struck the Johnsons’ car “head on.”
Both husband and wife travelling home to Scarborough after a holiday in Fort William sustained serious injuries and were trapped in their Volvo V70 estate.
Kendrick’s three passengers sustained a variety of fractures and lacerations and all five required hospital treatment.
After contacting the emergency services, the surgeon spent the 45 minutes until their arrival treating all five casualties.
He brought round the unconscious Mrs Johnson and made her condition stable, gave significant medical attention to her seriously injured husband and treated his three friends.
Mrs Johnson needed to be cut free before she could be airlifted to Dundee. Once there, however, the severity of her condition became apparent and her health problems began to count against her.
Mr Richardson said, “When Mrs Johnson reached hospital, medical staff realised almost immediately that she had suffered massive chest injuries and that her condition was deteriorating.
“A decision was taken that nothing could be done to save her and treatment was brought to an end at that point.”
He added, “Her cause of death was eventually recorded as firstly multiple injuries caused by blunt force trauma having been involved in a vehicular collision and secondly a pre-existing coronary hearth disease and her obesity.”
Douglas Russell, defending, expressed his client’s “personal regret and concern that his actions had led to the death of Mrs Johnson.”
However, he told Sheriff Michael Fletcher that had it not been for “three unusual factors” Mrs Johnson would likely still be alive.
He said his client and his colleagues had hired the people carrier to take them to Braemar and were taking it in turns to drive so that no-one became tired.
Mr Russell said Kendrick was taking consideration of the wet road, driving at no more than 40mph and possibly considerably slower at the time of the accident.
He braked on approach to a bend, only to clip the kerb and lose control of the vehicle, striking Mr Johnson’s car before he could react.
Despite the tragic loss of Mrs Johnson’s life, Mr Russell told the court, “This was only just a fatal accident.”
The agent highlighted the fact that it took fours hours to transport Mrs Johnson to hospital though stressing that he was not criticising the emergency services.
Mr Russell also said the Johnsons’ injuries had been exacerbated as, after the impact, they were struck from behind by an unsecured mobility scooter.
Finally, he said Mrs Johnson’s morbid obesity had also impacted upon her ability to survive the injuries.
Mr Russell asked the court to consider a monetary penalty for Kendrick and restrict any driving ban as much as possible.
Kendrick admitted causing the death of Mrs Johnson by driving carelessly.
Sheriff Fletcher said that as the offence was new, sentencing needed careful consideration, and deferred a decision until November 16.