Supermarket fined £172k after man lost half his face
A SUPERMARKET has been fined after one of its staff lost half his face in an accident as he arrived for work.
Morrisons was fined £172,000 under the Health and Safety at Work Act and ordered to pay prosecution costs of £16,681 following a hearing at Chester Crown Court yesterday.
Kevin Brookshaw had worked as a stock replenisher at Morrisons in Crewe, for almost five years before the accident on December 6, 2006.
The 52-year-old had decided to get some petrol at the Dunwoody Way store before the start of his night shift.
The store's petrol station had a safety barrier in front of it, but this had been left unsecured.
And as Mr Brookshaw approached the barrier it suddenly swung across and smashed through the passenger side of the windscreen and into his face.
A taxi driver, who witnessed the incident, called the emergency services and Mr Brookshaw, a grandfather-of-four, was taken to Leighton Hospital before being transferred to Aintree Hospital in Liverpool.
He underwent a series of operations for his facial injuries and remained in the critical care unit until December 27, when he was transferred to a general ward.
He later underwent a 15-hour operation on his jaw and was eventually released from hospital on March 13, 2007.
The injuries, which include the loss of one eye, have left Mr Brookshaw unable to talk and he will never be able to eat or swallow again.
He is fed overnight by a gastric tube and has to write down what he wants to say.
Morrisons were charged under the Health and Safety at Work Act, which covers duties of employers to their employees.
Mr Brookshaw's wife Pauline, aged 55, said: "Nothing could have prepared me for seeing Kevin in hospital. He was literally unrecognisable. His face was entirely displaced, split down the middle and covered in blood.
"The only way I was certain it was him was because he is six foot four and has size 14 feet.
"Our lives have been totally transformed. Kevin will never work again and little things like a trip to the shops are a major exercise and holidays are virtually out of the question.
"Kevin is a fighter though. He showed that in hospital. Kevin is my husband and the man I love. We just get on with life together, even though it will never be the same as it was before the accident."
After yesterday's hearing Mr Brookshaw, of Buerton, Audlem, wrote down: "I'm still here. I'm not angry. I'm lucky to be alive. If you had seen my injuries you would have thought I had no chance of living."
Mrs Brookshaw added: "It's a miracle he's still with us today."
Mr Brookshaw will now be pursuing a civil claim against Morrisons for damages and compensation.
Deirdre Healy, a partner and specialist in catastrophic injury cases at Pannone law firm based in Manchester, who represented Mr Brookshaw, said: "Morrisons have admitted liability regarding their lack of a secure system for the barrier.
"I am told they have taken action to both change the way the barriers are secured and operated and have also added a 'fishtail' feature on the end of the barrier, which would mean in the event of an accident it would hit vehicles lower down and be less likely to injure drivers and passengers.
"Nevertheless, their retrospective action does not alter the fact that Kevin has suffered staggering injuries and his life and those of his family have been dramatically altered.
"We will be continuing with a civil action for damages in order to ensure Kevin is at least recompensed for his injuries, loss of earnings and changes to his lifestyle he has undergone as a result of the accident."













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by robert howard, Leyland
Saturday, October 24 2009, 12:04AM
“It seems that Morrisons have not learnt their lesson, as a similar accident befell my son at the Chorley branch of Morrisons, Luckily he got away wit a damagerd finger but the barrier was unsecured and passed through his windscreen narrowly missing his head. This was about 5 yrs ago. We were told that Morrisons were revising the barrier policy to ensure that they would always be padlocked open. As David was off work for less than 3 days and his injuries superficial it was not Riddor reportable.”
by Sylvia, Crewe
Monday, October 19 2009, 3:19PM
“What a heatbreaking story.Kevin you are Hero. What you have to endure each day ,and what you have come through,is Hero`ic.Good Luck to you andPauline . ALWAYS”
by pam, hanley
Sunday, October 18 2009, 9:03PM
“Well said john he should be given the money and maybe more”
by jackieg57, crewe
Sunday, October 18 2009, 3:14PM
“lets make a stand and get rid of them BARRIERS. how many more lives have to be ruined before they do somthing about them.
kevin is my brother and i love him dearly nobody knows what his family went through on that night in december. we are lucky to have him with us but kevin is a fighter no way will he give up and he wont give up on getting rid of those barriers.
keep it up kev i love you jackie xx”
by rob, maybank
Sunday, October 18 2009, 7:22AM
“good luck for the future mate”