Jaymar Estates

Jun 12, 2014

comments Tragic: Gertrude Donaldson, 92, died after being struck by a reversing van as she navigated her way across a car park filled with potholes and 'unclear' road markings The owners of a car park where a great grandmother was killed by a reversing van as she tried to avoid a pothole have been fined £145,000. Gertrude Donaldson, a retired nurse who served in India during the Second World War, was walking around numerous potholes and 'unclear' road markings when she was hit by the vehicle. Following an investigation, it emerged the car park firm in Kendal, Cumbria, had been warned a year earlier but failed to carry out repairs. And today the company, Jaymar Estates, was found guilty of breaching health and safety guidelines. 'There was a clear and obvious danger,' said Nicholas Johnson QC, prosecuting. 'The death of Mrs Donaldson was the result of the failures identified. ' Mrs Donaldson, of Kendal, had been walking back from the doctors' surgery on October 28, 2009, when she was struck by the van. Carlisle Crown Court heard she had been attempting to cross Station Road car park but was waylaid by fencing, potholes and road markings. The incident came a year after Jaymar Estates was advised by a contractor to lay tarmac over the holes and repaint the markings. 'It was greatly foreseeable,' said JudgePeter Hughes QC. 'This was an important car park in a busy town centre,close to Kendal railway station. The state of the car park had been acause for concern for over a year. ' Accident: Mrs Donaldson was killed in 2009 by a white van, pictured left. The potholes and road damage can be seen in this picture Police line: Officers can be seen above at the time of the accident inspecting the site Action against Manchester-based Jaymar Estates was brought by South Lakeland District Council. More... Shop that beat Hitler but lost to the parking Nazis: East End printing shop is forced to close after council installed spy camera outside Company directors and brothers, Mordecai and Jacob Halpern, and Howard Frankel, director of another of Jaymar’s sister companies, had previously denied any responsibility for the accident. However, in court on Monday, theypleaded guilty on behalf of the company to a charge of exposing peopleto health and safety risks. They were fined £95,000, with £50,000 costs. The court was told that spaces on the car park were leased out by Jaymar Estates to other organisations, including the GP surgery, the Royal British Legion, and the Riverside Hotel. Fined: Jacob and Mordecia Halpern, Jaymar Estates directors, were warned a year earlier to fix the car park Keith Morten QC, in mitigation forJaymar, said in the months before the accident, the Riverside Hotel hadinstalled fencing around what it perceived to be its own spaces, causing further difficulties on the site. These were not removed until several months after Mrs Donaldson’s death. Tribute: Mrs Donaldson's family paid tribute to 'Babs' who served as a nurse in India in World War Two However, Jaymar employed a marshall to patrol the site and this later prevented a ‘near-miss’. The necessary remedial work was carried out in 2010. 'These are men of deeply-held religious conviction,' added Mr Morten. 'In the Jewish faith, family is of utmost importance. They understand full well the heartbreak caused by the loss of a loved one. ' After the hearing, Mrs Donaldson’s family said they were ‘happy’ with the message the fine sent out. 'Prior to mum’s death issues about safety in the car park had already been raised with Jaymar. 'On the day of her death, she chose to walk to the surgery because it was a nice day, a reasonable distance for her to walk, which shows how well she was. 'She was the head of a large family and to have her snatched away from us like that was a real shock that will live with us forever. 'We are just grateful now that we have this conclusion and hope this will serve as a reminder to companies about their responsibilities for the health and safety of the public. ' Mrs Donaldson, known to friends and family as Babs, had eight children, 15 grandchildren and three great-grandchildren. Share or comment on this article MOST WATCHED NEWS VIDEOS