Widow sues North Northamptonshire Council over A43 pothole she blames for husband's death

Robert Newcombe, 70, died after being thrown from his motorbike as a result of hitting a crater in the road on September 25, 2022.

The retired hospital porter slid for 170ft (53m) before smashing into a kerb along the A43 in Walgrave.

He suffered catastrophic head injuries and a broken neck before going into cardiac arrest and could not be saved despite the efforts of medics at the scene.

A coroner later ruled the grandfather-of-three's death had been caused as a result of a ‘degraded road surface’.

His wife Aileen, 71, has now launched High Court legal action against North Northamptonshire Council claiming ‘substantial damages’.

The local authority denies liability and the case will go before a judge if the two sides cannot agree a settlement.

Aileen, of Ilkeston, Derby, said: "I want his name exonerated because they are not accepting responsibility for what happened.

"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.

"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.

"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 on his way the National Memorial Arboretum in Staffordshire to visit a memorial to the founder of the Hells Angels.

He overtook a vehicle when he hit the pothole, which led to him coming off his Indian Scout Bobber machine.

Mum-of-one Aileen, a former council worker herself, added: "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 North Northamptonshire council will settle our civil case with Mrs Newcombe swiftly and make sure lessons are learnt, protecting future lives."

The lawyers also say in her claim for compensation: “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 accused the council of failing to heed numerous previous reports from members of the public about the poor state of the road.

Road charity Brake is funding Aileen's legal action but said they could not comment on individual cases.

North Northamptionshire Council has been approached for comment.