A building company in Plymouth has been found guilty of breaching the Health and Safety at Work etc Act 1974, after a delivery driver was run over by a dumper truck.
JB Leadbitter were found guilty of health and safety failings after failing to properly separate pedestrians from traffic on the site in Mount Wise.
Driver David Windsor, fell into the path and was run over by the vehicle. Aged 58 at the time, he suffered from multiple broken bones and was left brain damaged.
JB Leadbitter pleaded not guilty and denied having failed to protect a person not in its employment as far as was reasonably practicable.
However, the jury convicted the company and fined JB Leadbitter £100,000.
Judge Richard Davison said: “The failings must have been a cause, if not the only cause, of the injuries suffered by Mr Windsor.”
Mr Windsor could not remember the accident, nor his employment with the company. He suffered injuries including a brain haemorrhage, fractured jaw and cheekbone, broken ribs, fractured pelvis and a broken leg.
HSE Inspector Jonathan Harris, said: “This terrible incident has left Mr Windsor with significant and lasting injuries and could easily have led to his death. It is unlikely he will be able to return to work again.
“Simple forethought and planning could have avoided this happening.”
A spokesman for Leadbitter said after the case: “Leadbitter places great importance on ensuring the health and safety of all people who work on our sites.
“Since this tragic incident, we have worked hard and cooperated fully with the HSE to ensure no similar incidents occur. We very much regret this incident and wish Mr Windsor a continued recovery from his injuries.”