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Liverpool Echo
Liverpool Echo
National
Luke Traynor

Weather row at inquest where tree branch killed 15-hour-old baby

A top boss at a Merseyside council today claimed there were poor weather conditions on the day a tree fell on a heavily pregnant mum's car, killing her baby.

But, at little Lucia Stear's inquest, that was disputed by the grieving family, and another witness, who instead insisted it was dry and calm in Wirral on the day of the tragedy.

The baby died at just 15 hours old, soon after the huge horse chestnut tree bough came crashing down onto 36-weeks pregnant Liz Stear's white Audi A4 on November 10, 2016, almost three years ago.

The branch smashed through the front window-screen on Arrowe Park Road, Birkenhead, and thudded into the parent's abdomen, leaving a superficial wound, but which fatally injured the unborn child.

On the second day of an eight day inquest, David Armstrong, assistant chief executive at Wirral Council, gave evidence to the 11-person jury.

Recalling the weather conditions on the day in question, the senior manager claimed "it was windy and very high rain."

He added: "There were other incidents going on in the borough," with some "flooding into some people's homes."

But that is disputed by the Stear family who reckon it was relatively dry and "not too windy," barrister Catherine Oborne, representing the Stears, countered.

That was backed up by witness Jennifer Crowley's statement, whose statement was read out in court, and who came and sat in mum-of-three Mrs Stear's passenger seat as she sat trapped in by the car's wreckage.

Relatives for the family started shaking their head in disagreement after Mr Armstrong put forward his recollections of the day's weather conditions.

Coroner Andre Rebello has highlighted that Wirral Council's "system of arboreal tree maintenance...that could have prevented the bough of the tree from failing" will come under the microscope during the inquest.

He asked the jury: "Even with a system of arboreal maintenance, should Wirral Borough Council, who are responsible for trees, ought to have known of the real and imminent risk of the bough falling, causing this tragic event?"

Mr Rebello has told how Mrs Stear was rushed to trauma centre Aintree Hospital after she was freed from the wreckage despite her repeatedly asking in the ambulance to be taken to the nearby Arrowe Park Hospital.

The mum said felt a "niggly period-type pain" while with paramedics.

At hospital, a midwife scanned the baby, coroner's officer Lea Cripps said, commenting she had a slow heart rate, and was checked to go into theatre.

Lucia was born via emergency C-section.

Liverpool Women's Hospital where baby Lucia tragically died (Colin Lane)

Lucia was transferred from Aintree Hospital to Liverpool Women's Hospital for ongoing neo-natal care, but early tests showed she could not be saved.

Hours later, health visitor Liz and her general assistant husband Alex, who come from Heswall, made the heartbreaking decision to "withdraw any further treatment to Lucia."

At Liverpool Coroner's Court, in Kirkdale, legal representatives from Liverpool Women's Hospital, Wirral council. North West Ambulance Service, Merseyside Police, the Health and Safety Executive (HSE) and solicitors acting for the Stear family, all attended the proceedings.

A baby is considered to be full term if he or she is born anytime from 37 weeks to 42 weeks, meaning Ms Stear's pregnancy was just before that stage.

The inquest continues.

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