Farm company whose stampeding cow killed teacher ordered to pay £100k
A farm company must pay more than £100,000 after a teacher was killed by a stampeding cow which had broken free from its holding pen on the farm she was staying at with her family.
Marian Clode screamed and was thrown in the air like a ragdoll when the animal charged her, she was flipped over a fence where she lay dying, succumbing to her injuries two days later in hospital. The attack came as she walked along a path during a family holiday in Northumberland in 2016 with her young grandchildren, an inquest into her death heard.
Today, JM Nixon partnership, which runs the farm was fined £72,500 and was ordered to also pay £34,700 costs, plus a victim surcharge of several hundred pounds. Tom Gent, for the farm business, said assets would have to be sold to make the payment and the judge granted the firm 12 months to pay.
Marian Clode was killed by a cow on holiday (Collect Unknown)The 61-year-old primary school teacher, from Greater Manchester, had been staying at a holiday cottage at Swinhoe Farm, near Belford with her family. On April 3, 2016 they walked to St Cuthbert’s Cave - a route they had done “many times”, Newcastle Coroners' Court previously heard. The 61-year-old had been walking along a public bridleway with her husband, Christopher, daughter Lucy, son-in-law Kevin and two grandchildren, aged seven and eight when about 15 cows and their calves surged from a holding pen.
During the inquest into Mrs Clode's death Coroner Karen Dilks told the jury that on that day, Swinhoe Farm owner Alistair Nixon was moving cattle from their winter sheds into open fields, for the first time in months. As Mr Nixon prepared to make the move, some of the cows broke loose from the holding pen and ran past him onto the public bridleway.
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At the time Mrs Clode and her family were about to arrive back at the farm from their walk when “around 15” cows appeared over the brow of a hill. Ms Dilks said the topography of the area meant neither the group of walkers nor Mr Nixon could see over the hill at the time. Reliving the incident, Mrs Clode’s daughter Lucy said: “My mum was leading the walk at that point. We were about two minutes away and I think she just wanted to get back and get settled."
As the animals appeared over the hill, Lucy said: "It was about 15 cows stampeding towards my mum, that’s when I realised we were in trouble. There were hedges on either side and barbed wire. As the cattle came over the brow of the hill I could see Kevin literally throw the children over the barbed wire and I could see my mum, who was in the most danger, stand to the right hand side and tuck herself under the gate by the tree. She had no time to do anything.
“I got over the fence, I cut my knees on the barbed wire. They were running very very fast and we were trying to get out of danger. The lane dropped which naturally slowed [the cows] and they didn’t know what to do. The lead cow, this big black cow, slowed down, so they all slowed down. It must have caught sight of my mum.
Farmer Alistair Nixon"It turned, backed up, hit her, backed up again, hit her again, backed up again and hit her, and flipped her over the fence like a ragdoll. Before the first charge my mum knew it had seen her and was going to attack her - she screamed. That was the last thing she ever said.”
Lucy said: “It was a nightmare because the cows were all there, and separating me and Kevin from mum was this thicket hedge. Instinct took over, I pushed myself through the thicket hedge and managed to get to mum. Kevin was phoning the ambulance and my mum was dying, basically."
The inquest heard Ms Clode was airlifted to Newcastle’s Royal Victoria Infirmary, where she died on April 5, 2016.
Lucy told the hearing the family had booked a holiday at Swinhoe Farm, which has a riding school and holiday cottages, for a third time after enjoying previous trips. She said: “We particularly liked it because we booked the kids in to do horse riding. The farm advertises that it’s plentiful for walks with direct access to St Cuthbert’s Cave. We were on a road, my mum was exactly where she should have been, we were not in a field. She did what she could and what a lot of people would advise.”
A statement from Mrs Clode’s family said the mother-of-three was a “hardworking and dedicated teacher” who “lived for her family” and “adored and doted on her four grandchildren”. They said: “It’s heart-breaking she never got to see them grow up, or meet her fifth grandchild. The events of April 3, 2016 cut her life short in the cruellest possible way. Her life was over in an instant, and the lives of her family were changed forever.”
On Wednesday, Alistair Nixon, on behalf of the JM Nixon partnership, which runs the farm, admitted a health and safety breach during a hearing at Newcastle Crown Court. He admitted that the business failed to ensure the health and safety of persons other than employees by exposing them to risks to their safety from the movement of cattle.
Today, Judge Tim Gittin described what went wrong as a “salutary lesson” for herdsmen of the necessity to plan and then review that plan when moving livestock “however usually docile” they may be.
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The farm had been in the Nixon family since 1939, the judge said, and there had been no previous safety concerns. The business has now changed its cattle movement practices and there have been no incidents since Mrs Clode’s death, the court heard.
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