Man left with life-changing injuries after bus crashed into cherry picker in Castlemilk, Glasgow

A construction company pleaded guilty to negligent health and safety measures after a carpenter was killedHe was left with life-changing injuries when a double-decker bus crashed into a cherry picker in Glasgow.

Aedan Brown, then 27, fell 15 feet onto the roof of a car before hitting the pavement in Castlemilk on February 4, 2022.

Mr Brown was not wearing a seatbelt when a number 75 First bus struck the MEWP cherry picker.

The road barriers that were supposed to surround the cherry picker were also not in place.

Brown suffered a series of “life-changing” injuries, including extensive fractures to his pelvis and right hip, a collapsed left lung and a fractured right wrist, which left him in a cast.

He has also not worked since the day of the incident and has PTSD.

At Glasgow Sheriff Court on Thursday, McTaggart Construction Limited pleaded guilty to failing to plan, manage and monitor the construction phase and coordinate health and safety issues during the construction phase.

The award-winning Ayrshire-based company – which made a year-end profit of £5.2 in 2023 – hired the company Mr Brown worked for to repair flat cladding.

The court heard that on the day of the incident, a McTaggart manager spoke to cherry picker operator Leon Chalmers about placing barriers nearby, but this was not done.

Mr. Brown and Mr. Chalmers climbed into the basket to do the work without seat belts or safety cords.

Prosecutor Saud Ul-hassan said: “It is estimated that the basket they were working on was 4.5 meters above the ground.

“Before 12pm, the nearest side of a 75 First double-decker bus struck the articulated part of the MEWP/PTA projecting over the nearest side lane of the road.

“The force of the collision momentarily lifted the cherry picker on its two rear wheels and caused the boom to strike the nearby post.

“Mr Brown was thrown from the basket and landed on the roof of a parked car and then landed on the sidewalk.”

Mr Chalmers was also knocked down by the impact of the collision but remained in the basket.

Mr Brown – who had reportedly fallen, was taken to hospital for treatment, where he remained for two weeks.

Ul-hassan added: “He suffered multiple extensive fractures to his pelvis and right hip, collapsed left lung and fractured left wrist.”

He received surgical plates and screws, as well as a cast for his left arm.

It has been reported that he limps on his left side and has pain when climbing stairs. Brown was also diagnosed with PTSD.

Ul-Hassan said: “He has not worked since the incident and has no hope of returning to the same field due to the physical nature of it.

“He is now physically unable to play golf and football, which he enjoyed before the incident.”

An investigation concluded that McTaggart Construction did not follow its own procedures in terms of safety measures associated with checking the cherry picker.

Since the incident, the company has made a number of changes, including a review of procedures and policy documents, as well as the reform of all documents.

A formal procedure related to the use of the cherry picker was also carried out.

Barry Smith KC, defending, told the court: “Those associated with McTaggart Construction express regret that this was a terrible incident, in particular that it caused serious injury to Mr Brown.

“Full PPE should have been worn. The operator boarded with Mr. Brown when he should have known it was essential to operate such equipment.

“The court will note that McTaggarts implemented thorough safety measures which the investigation stated had they been followed, the incident would not have occurred.”

Sheriff Iain Fleming adjourned sentencing until the end of this month to consider the allegations.

He said: “I express the court’s sympathy to Mr Brown. Through no fault of your own, you suffered life-changing injuries.

“You should not go to work and then end up in hospital due to serious injuries.

“Nothing I can do can bring Mr. Brown to good health.

“What this court can and should do is select an appropriate sentence that will punish the offender as well as express society’s disapproval of this type of behavior.

“It is vital that everyone learns from this tragic mistake.”