An inquiry into the death of Montrose mechanic Dariusz Zamylko has concluded it was the result of a “tragic accident”.
A sheriff appointed to examine the circumstances of the 44-year-old’s death on April 22 last year found he died from asphyxia and a brain injury while working.
It established Mr Zamylko was underneath a van he was repairing when he started the engine, causing it to move forward, dragging him underneath.
Motorists described seeing the van move diagonally on Ferry Road before they noticed no one was driving the vehicle.
Eyewitness accounts
A judgement issued by the court says the van had been in gear, with the parking brake applied and the keys in the ignition, as the mechanic worked on it.
But it began to move when the engine turned on.
The inquiry heard evidence from Christopher Lyons and Peter Morton, who were both driving north on Ferry Road, Montrose.
Both men stopped to assist Mr Zamylko, with Mr Morton administering first aid while Mr Lyons called the emergency services.
When the van was not running, the handbrake was adequate in preventing it from rolling away.”
Sheriff Jillian Martin-Brown
Mr Zamylko was found to be unconscious and lying in a contorted position under the van’s front axle, but was said to have a pulse.
Despite the passers-by arriving at the scene almost immediately, the Fatal Accident Inquiry (FAI) heard Mr Zamylko was in cardiac arrest by the time paramedics reached him.
He later died on April 27 after life support was terminated at Ninewells Hospital in Dundee when doctor’s determined his condition was incompatible with life.
Montrose man was ‘experienced mechanic’
The FAI, held at Forfar Sheriff Court, was told how Mr Zamylko was an experienced mechanic who had been self-employed since opening his business in 2014.
Sheriff Jillian Martin-Brown noted the vehicle was inspected by police officers, who looked specifically at the parking brake.
She said: “When the van was not running, the handbrake was adequate in preventing it from rolling away.
“Partial engagement of the parking brake to the “eight clicks” position was sufficient to hold the van in position.
“However, when the van’s engine was running and the vehicle was in first
gear, partial application of the parking brake was not sufficient to hold the van in position.”
The FAI also considered a report from the Health and Safety Executive (HSE), who carried out their own investigation.
Death ‘could have been avoided’
HSE inspector Michelle Gillies said the death could have been avoided if the 44-year-old had followed the organisation’s guidance.
Sheriff Martin-Brown ruled that there was no evidence Mr Zamylko routinely failed to follow such precautions, noting his garage workshop had three vehicle lifts.
She added: “Having considered all of the evidence in this inquiry, my findings are in line with the conclusions of the HSE investigation.
“This was a tragic accident, caused by the deceased starting the engine of a van whilst lying under it, causing the van to move forward, dragging him underneath.”
The sheriff also expressed her condolences to the man’s family and friends.
