Lawyers have given their final submissions at the fatal accident inquiry into the death of a man in Dundee.
Forklift driver Mark Burry, of Carnoustie, was killed when two pipes fell on him from a storage rack in February.
The 49-year-old was working at Rigmar Services, based at Dundee’s docks, when he was struck on the head and died instantly.
No other workers witnessed the tragedy, but the pipes which fell both weighed more than 20 stone, the inquiry heard.
Ambulance crews found Mr Burry dead when they arrived and told colleagues there was nothing they could do for him.
Mr Burry’s death was recorded by pathologists as “cranial cerebral injuries, blunt force trauma, struck by pipes”.
Neil Lindsay, Rigmar’s purchasing and logistics manager, was working with Mr Burry on the day of his death.
Mr Lindsay was in charge of planning any work done and instructing Mr Burry of the way to carry out complex lifts with the forklift and the order in which items would be lifted.
He previously told the court that Mr Burry had lifted the storage rack without being told to — in a way which was “unsafe” and not the way he would have advised.
Mr Burry had left the cab of the forklift to apply straps to the load, the court heard.
Mr Lindsay also previously denied claims he had simply “left Mr Burry to get on with it”.
He said they had a system of work in place where the pair would discuss what would be lifted next “bit by bit”, and, up until the accident, Mr Burry had followed that system.
Brian Bell, appearing on behalf of Mr Burry’s family, said Mr Lindsay should have pointed out the storage rack in particular to Mr Burry and made sure he was specifically warned not move it.
Sheriff Alastair Brown asked Mr Bell if he felt, on that basis, and going by the “bit by bit” system, that “you could not leave staff on their own for fear of them not following instructions?”.
Mr Bell replied: “No, but with the complex lift required on the storage rack there should have been a warning.”
Procurator fiscal Lynne Jamieson said that Mr Burry was competent to lift pipes but not to plan the risk, and mentioned the “bit by bit” system of working.
However, Sheriff Brown said: “I don’t think this was a case of Mr Burry defying the system of working.
“It seems to have been a single act, outwith the system of working, because he was a good worker going out of his way to get the job done. It seems more this was a miscalculation on his part.”
Each of the lawyers involved in the case, as well as the fiscal and sheriff, gave their deepest condolences to Mr Burry’s family.
Sheriff Brown will now take time to consider the submissions and give his findings in due course.