Farm company must pay £100,000 after Tameside teacher was killed by runaway cow

A farming company has been fined £72,500 after a teacher on holiday was killed by a runaway cow.

JM Nixon and Son were also ordered to pay £34,700 in court costs, with full payment of all the sums to be made within a year.

Marian Clode, 61, was on holiday near Northumberland with her family at the time of her death in April 2016.

His Honour Judge (HHJ) Tim Gittins said she was "simply not in a position to take any evasive action" and "no fault attaches" to her.

Mrs Clode died three days later in a Newcastle hospital.

The judge said her life was "priceless" and her "untimely death" was "devastating and incalculable".

He said she was a fit and active woman who was "well-regarded" as a teacher and much-loved by all who knew her.

While out on a walk, a stampeding cow charged towards her at Swinhoe Farm, attacking her three times and inflicting fatal injuries. Marian later died in hospital as a result of neck fractures and a severe spinal cord injury.

JM Nixon and So failing to ensure her safety and Mrs Clode's death was described as an avoidable tragedy.

The farm had 140 suckling beef cattle as well as several holiday cottages and a riding school.

An inquest into the primary school teacher’s death found the cattle were assembled in a ‘non secure holding area’ in preparation for movement when some cattle broke loose from the holding area onto the public bridleway, where Marian and her family were returning to the farm.

READ MORE: https://www.questmedianetwork.co.uk/news/tameside-reporter/farming-company-admits-health-and-safety-breach-after-ashton-teacher-killed-by-stampeding-cow/

They had no warning either by verbal or by signage and due to the topography of the area were unaware of the cattle coming towards them.

Concerns were raised by the coroner regarding cattle movement undertaken without appropriate measure in place to mitigate the risks of cattle breakout as well as contingency plans or strategies in the event of cattle breakout.

After initially denying any offending, a farming company have now admitted failures. Farmer Alistair Nixon appeared, on behalf of the JM Nixon partnership, at Newcastle Crown Court to plead guilty to a health and safety breach.

He admitted the business failed to ensure the health and safety of persons other than employees by exposing them to risks to their safety from the movement of cattle.

Craig Hassall KC, prosecuting, referred to a statement by Miriam Parker, a cattle behaviour expert, who said farmers were guided by the Highway Code when moving livestock and they should be kept under control on public rights of way at all times.

Mr Hassall said the defendant had not made a ‘suitable and sufficient’ assessment of the risk of moving cattle down the public right of way.