A UK worker suffered life-changing injuries after safety oversights at a Jaguar Land Rover (JLR) facility in Solihull led to a forklift truck accident, a court has heard.
Kevin McGunnigle, aged 57, had been moving large pipes as part of a construction project at the Lode Lane site in August 2020 when his leg was trapped under the wheel of a moving forklift. The devastating workplace injury ultimately led to the lower part of his leg being amputated, with the circumstances surrounding the incident now under judicial scrutiny.
The case, currently being heard at Birmingham Crown Court, centres around the actions and alleged failings of manager Gordon Wellings, 66, who has been charged with breaching his duty of care towards Mr McGunnigle. Mr Wellings has denied all allegations of wrongdoing.
Prosecutor Ben Mills outlined to the jury that Mr McGunnigle was assigned to a “busy construction project” where he was involved in the installation of high-level pipework for a new Range Rover production line. On August 13, 2020, Mr McGunnigle and other workers were instructed to retrieve approximately six spare lengths of six-metre-long tubing, each weighing between 25 to 30 kilograms, from a remote section of the facility known as “the graveyard.”
According to Mr Mills, the workers were told that the pipes needed to be relocated immediately to another area of the site to support ongoing works. Crucially, however, the specifics of how the pipes were to be moved, the route to be taken, and the use of equipment were reportedly left to the discretion of the workers.
“It was Mr Wellings who had legal responsibility to make sure he planned the work and managed the work all of his team were being asked to do,” said Mr Mills. “That responsibility included ensuring none of his team were being put at risk of harm.”
The court heard how Mr McGunnigle was guiding the pipework while a colleague operated a forklift. During a particularly complex manoeuvre involving a dogleg bend in the route, Mr McGunnigle’s leg became caught beneath a wheel of the forklift causing the serious accident.
Emergency services were called to the scene, but the injuries were so severe that part of his leg had to be amputated. Mr Mills pointed to a lack of clear guidance and planning from Mr Wellings as the core cause of the accident.
“Why did that happen?” he asked. “Because those responsible for ensuring the work he was asked to do was done safely had failed to do it.”
Mr Mills acknowledged that Mr Wellings may argue he had done everything reasonably possible or attempt to shift blame onto the workers for allegedly not being careful. However, the prosecution maintains that there were no clear instructions provided about the timing, method, or appropriate equipment to carry out the job safely.
“It was his job and his legal duty to properly plan, manage and monitor work under his control,” said Mr Mills. “He failed to do it. As a consequence, Mr McGunnigle has been left permanently disabled.”
The court was also told that while Mr Wellings had implemented safety measures in other areas, his handling of the pipe-moving task lacked the essential forethought and oversight required under health and safety legislation.
The trial remains ongoing, with further testimony expected in the coming days.
