Inquest jurors return verdict after pensioner Benjamin Withers plunges to death on mobility scooter

Benjamin Withers, known as John, died from multiple trauma injuries after the mobility scooter he was driving following a routine medical appointment crashed through the glass on the walkway leading to the Fareham Medical Centre falling 12ft.

The jury took just 45 minutes to come to its unanimous decision.

The two-day inquest heard this morning how Mr Withers, from Fareham, had had a previous mobility scooter and from an expert who told how controls can vary on different mobility scooters.

Mr Withers, 82, of Denbigh Drive, had had his current scooter for around four months prior to the incident on September 20 2012 and it had around 13.6 hours driving time, the inquest heard.

Colin Norris, forensic vehicle examiner with Hampshire Police, said he had found no defects or failures with the scooter that would have contributed to the driver losing control.

He told the Portsmouth hearing controls for forwards and backwards on Mr Withers' vehicle operated on a pivot with levers so as the driver pulls one lever back the other moves forwards so you cannot press them at the same time.

The driver pulls the right lever back to make the scooter go forwards and the left back to go backwards.

Asked if there was an industry standard that the levers are on the same side, he said "no".

He said the controls differ from manufacturer to manufacturer.

Mr Norris said he had until today not been aware that Mr Withers had had a previous scooter and if he had known he would have looked into this.

One of Mr Withers' sons Trevor, who was at the hearing, said his father used his mobility scooter twice a week and that he had had training in how to use it when it was delivered.

Mr Norris said, although 13.6 hours did not seem like a lot, this was on a scooter that only went a maximum eight miles an hour.

But he added: "There might have been that momentary lapse of concentration when it went wrong the first time - it might be a case that a bit of panic sets in."

The inquest also heard from Dr Frances Harris, a GP and partner at Fareham Medical Centre, who was one of the first people on the scene.

She told the jury how she had gone out to help after hearing a crash and looking out to see the fallen scooter and a man on the ground.

She examined Mr Withers and said although it apparent to her that his injuries "were not survivable", she did try to help and and said not knowing whether any family were present she thought it might give more time for them to say goodbye.

She said paramedics arrived and after they had assessed Mr Withers she told them she felt resuscitating him was "inappropriate", but they told her resuscitation for five minutes was procedure in such cases.

She assisted with ventilation but then told paramedics she would not continue to help as she felt it inappropriate.

Asked by assistant coroner for Portsmouth and South East Hampshire Robert Stone if in her professional opinion Mr Withers had actually died before the ambulance crew arrived, she replied: "Yes, he died before they arrived.

"Any efforts which they made...they were pointless and I did tell them that."

She said Mr Withers' age and his injuries were behind her decision not to continue, adding: "There are some injuries that are clearly not survivable".