A woman fell from a pick-up truck and fractured her skull while being taken across the prestigious Forbes of Kingennie resort by the owner’s son.
Alistair Forbes, 26, was giving a crowd of friends a lift from the Angus resort’s bar back to the on-site lodges when a woman travelling in the exposed rear of the Volkswagen Amarok fell out.
Emily Mitchell hit the single-track road tarmac, remained unconscious for four minutes and was taken to Ninewells with a fractured skull.
First offender Forbes admitted causing her “serious” head injury by driving carelessly last year and was fined and disqualified at Forfar Sheriff Court.
Pickup fall
Prosecutor Alan Bell explained that on Friday November 29, farmer Forbes and six friends had been at the the bar at Forbes of Kingennie Country Resort.
“Just after midnight, the bar closed. All witnesses and the accused began to exit… back to one of the lodges.
“The accused had his motor vehicle, the Volkswagen Amarok, parked at the rear of the restaurant.”
Three of Forbes’ friends entered the open rear section of the pickup, which was registered to AGM Forbes Ltd.
Mr Bell said: “Once all were in the vehicle, the accused began driving towards the lodges.
“The accused began to accelerate, reaching 20mph.
“Witness Mitchell began to lose her grip and fell from the rear of the moving vehicle, before ending in a lifeless position.”
Cracked skull
Forbes stopped the truck and an ambulance was called.
Mr Bell added: “Witness Mitchell remained unconscious for approximately four minutes.
“She was taken to Ninewells for further checks.
“Ms Mitchell suffered a skull fracture and hearing loss to her right ear – the hearing loss has been a result of the skull fracture.
“She did not require surgery and was expected to make a full recovery in one month from the date of the incident.”
Still friends
Forbes pled guilty to causing serious injury by driving carelessly or inconsiderately near Kingennie Fishings, driving at excessive speed resulting in Ms Mitchell falling from the rear of the vehicle and sustaining a serious head injury.
Forbes was initially charged with causing serious injury by driving dangerously but his pleas to the reduced charge were accepted.
Not guilty pleas to driving with excess alcohol and using a vehicle such that it involved a danger of injury, were also accepted.
Solicitor Mark McGuire said: “Mr Forbes’ position is he took the bend slightly too quickly.
“Mr Forbes accepts that he drove carelessly. I think it was fair to say it was a lapse of judgement.
“He is very remorseful for driving in this way, even more so he is sorry for causing injury to his friend.
“Ms Mitchell has made a full recovery. Mr Forbes is glad to hear that news. They are still friends.
“He appreciates that the loss of his licence is inevitable.”
Mr McGuire tendered reference letters to Sheriff Derek Reekie, including one from Forbes’ father Michael, the resort’s owner.
Detailing the contents of Mr Forbes Snr’s letter, Mr McGuire added: “Since the incident, his son has suffered considerable breakdowns and anxiety.”
‘Serious’ consequences
Forbes was banned from driving for a year and fined £1,275 altogether.
Sheriff Reekie said: “I accept that this was an unfortunate incident for all involved.
“Your culpability amounts to driving at up to 20mph and going around a bend.
“Because the lady was in the back of the truck, she fell out of it.
“Notwithstanding the consequences, the level of culpability is at the low end of carelessness in all the circumstances.
“A not guilty plea has been accepted to a charge of carrying people in the back.
“No criticism of the young lady, but they obviously chose to get in the back.
“Fortunately for everyone, I’m assured she’s made a full recovery.
“It’s clear from the references you’re otherwise a responsible young man.
“In all the circumstances, I’ll accept this as a one-off incident. I accept you’re genuinely remorseful and I see what effect this has had on you.”
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