Damages of £500k paid out after scissor lift death in Perth
- Published
Kenny Heron married Sheryl just four months before his death
The family of an engineer who died after a scissor lift collapsed on top of him in a Perth supermarket have received more than £500,000 in damages.
Kenny Heron, 51, died in hospital in 2019, six days after the incident in a Perth Co-op store.
A Fatal Accident Inquiry (FAI) found Mr Heron's failure to deploy adequate supports was the "principal cause" but also identified training deficiencies.
Mr Heron's wife Sheryl said that, for her, the payout had cleared his name.
The 42-year-old, from Loanhead, near Edinburgh, said: "It would be wrong to say that I am glad to settle a civil action because I'd far rather have my husband by my side.
"The legal action helps protect my home and it helped me have the support I needed around the FAI.
"But more importantly, for me, it clears Kenny's name - throughout the FAI I felt like Wanzl [Mr Heron's employer] was doing and saying things that effectively accused my husband of being responsible for his own accident, but the successful settlement lets me know this was not true."
Mr Heron, a newly married former British Army engineer, visited the Co-op on Perth Main Street on 11 October 2019 to service a scissor lift in the storeroom.
The FAI , externalfound that he opened a hydraulic port on the lift while the platform above his head and shoulders was being supported by the hydraulic system.
This caused the platform to fall on Mr Heron, who became trapped and suffered serious brain injuries and asphyxia. He died in Ninewells Hospital, Dundee, on 17 October 2019.
Sheryl Heron said the last few years had been "utterly devastating" for her
In his inquiry report, Sheriff Derek Hamilton said Mr Heron's death was "a tragedy that could easily have been avoided".
He noted that neither safety locking devices nor external props, such as wooden blocks, were used to prevent the platform from lowering.
He said instructions on blocking devices should be reiterated to engineers and should always be provided by Mr Heron's employer Wanzl if they were not available on site.
Sheriff Hamilton noted that props were available in the Co-op store but were not used by Mr Heron.
He also said the employer should have provided an operating manual for the lift, completed appropriate risk assessments and provided more comprehensive safety training.
However, Sheriff Hamilton said he could not conclude that such measures "might realistically have resulted in Mr Heron's death being avoided".
He added that Mr Heron had the necessary training to know the power supply should be switched off before starting certain work on machines.
'Dignity and strength'
Simon Hammond, a partner at Digby Brown in Edinburgh, who helped Mr Heron's family secure the civil claim settlement, said: "Sheryl and the rest of Kenny's family have waited a long time for justice yet they have always composed themselves with a profound dignity and strength that is truly commendable.
"Fatal accidents are, by their very nature, devastating but the pain of loved ones is worsened when they are denied answers so I hope the outcome of this case brings Kenny's loved ones the recognition they deserve."
Ms Heron added: "The last few years have been utterly devastating for me and I'm still trying to process this trauma.
"I can only say thank you to those closest to me for their ongoing support but as all legal proceedings are now finished I just wish to be left in peace as I find a way to move forwards."
She previously described Mr Heron as a "devoted husband and a loving son and brother".
She said: "He served in the Armed Forces, worked overseas and travelled the world and it is not fair or right that his life ended this way."