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A devastated widow has initiated High Court proceedings against a council, alleging that a deadly pothole was to blame for her husband's fatal motorbike accident. Tragically, 70 year old Robert Newcombe passed away following an incident where he was ejected from his motorcycle due to a substantial crater in the road on 25 September 2022.

The former hospital porter skidded across the tarmac for a daunting 170ft before violently colliding with the curb of a roundabout on the A43 in Walgrave, Northants. He sustained severe head trauma and a neck fracture ultimately leading to cardiac arrest; despite intense efforts by emergency services on the scene, his life couldn't be saved.

An inquiry conducted by a coroner established that the death of the father and grandfather was indeed the result of a "degraded road surface." His widow, Aileen Newcombe, age 71, has lodged a legal bid for "substantial damages" against North Northamptonshire Council.

The council disputes any responsibility for the tragic event, setting up a scenario where, barring an out-of-court settlement, the case could end up under judicial review. Speaking from her home in Ilkeston, Derbyshire, Aileen commented: "I want his name exonerated because they are not accepting responsibility for what happened."

She added, expressing a staunch desire for accountability: "I just want justice for my husband and for other families to not suffer a similar heartbreak." Even if I get nothing, they need to be held accountable for what they've done to me and his family."

Even if I get nothing, they need to be held accountable for what they've done to me and his family," said the bereaved wife. She further criticised the local governance claiming, "The nation has enough money to make sure the roads are maintained properly. The council knew about this pothole and the state of the road. He was a union man with morals and principles, he stood up for what he believed was just and right - I'm only doing what he would have done himself.

"Even if I get nothing, they need to be held accountable for what they've done to me and his family. I think that's the least I can do for him - to make sure he gets justice. It's not about the money, they could give me a million pounds and it wouldn't come close to replacing him. I would do anything to have him back. I'm totally lost without him. I am physically, emotionally and mentally spent - it has had a profound impact on me.

"We'd got so many plans for our retirement, like going away in our caravan, and they've all just gone. I didn't even get chance to hold his hand and say goodbye. In 51 years of marriage the longest we were apart was no longer than five days. At his funeral over 300 bikers followed him, he would have loved it. If a funeral could be beautiful, this was it. I miss him terribly, I have a cry for him every morning and every night."

Robert, who was also a union official for Unison, had been en route to the National Memorial Arboretum in Staffordshire to honour the founder of the Hells Angels. In an unfortunate accident, he encountered a pothole while overtaking another vehicle, causing him to lose control of his Indian Scout Bobber motorcycle.

Aileen, herself a former council worker and mother to one, remarked: "They were meeting up with a group of Northamptonshire bikers first, which is why he was down that way. There were no warnings about the state of the road. He came off, broke his back and neck and had a cardiac arrest.

"I wasn't even able to see him until 25 days after he died. I just feel sick thinking about it - I've not really had chance to grieve with this hanging over me. The council have never said anything to me, nothing by way of an apology or sympathies, all I want is for them to take responsibility. They are just trying to wash their hands of it - even claiming things which went against what a coroner, the police and several witnesses said at the inquest.

"They claimed he was speeding and made a dangerous manoeuvre, which is not the case. They have tried to blame him and I'm not having it."

Ken Brough, personal injury lawyer at Hodge Jones & Allen, who is representing Aileen said: "No family should have to suffer the pain of a loved one not returning from a motorbike ride. Sadly, the inquest into the death of Robert Newcombe concluded that he lost his life as a direct result of the poor state of the road on which he was driving. The raised and rippled surface caused Mr Newcombe to be thrown off his bike, resulting in his death.

"Although it is unusual for a motorbike rider to lose their life as a result of poor road conditions, it is not unheard of. All councils have a responsibility to ensure they adequately inspect and maintain all roads, regardless of whether this critical process is outsourced or conducted in-house. The inspection process must be fit for purpose in practical terms and not just conducted as a tick-boxing exercise.

We are hopeful the North Northamptonshire council will settle our civil case with Mrs Newcombe swiftly and make sure lessons are learnt, protecting future lives." In her compensation claim, the lawyers highlight: "Poor quality repairs had caused the A43 in the area of the turning to Walgrave to become dangerous, with the tarmac melting and then solidifying, creating a dangerous, undulating carriageway."

They have levelled criticism at the council for ignoring numerous reports from the public regarding the road's deteriorating condition. While road safety charity Brake is backing Aileen's legal fight, they have refrained from commenting on individual cases. North Northamptonshire Council has been contacted for a statement.


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