Driver guilty of killing 71-year-old neighbour on crutches who slipped in front of car

UK

A driver has been found guilty of killing her 71-year-old neighbour who slipped while using crutches and fell under the wheel of her car.

Elizabeth Avorga was found guilty of causing the death of Janet Emmett by careless driving, after a trial at the Old Bailey.

Ms Emmett had been trying to cross the road, outside a block of flats in Croydon, south London, where she lived when she lost her footing and fell, the court heard.

Avorga had been returning home, after taking her children to school and nursery, just before 9.30am on 14 June 2022.

As she approached, Ms Emmett had left her flat but the court was told by a crash investigator that the pensioner had fallen before the vehicle as she tried to cross the road.

A neighbour heard screaming and went out to find the defendant’s car stopped on a grass verge with two legs and a crutch underneath it, prosecutor Charlotte Hole said.

Ms Hole added: “When Ms Avorga had turned into the service road and having seen Ms Emmett, on her own account, she clearly appreciated that she represented a hazard in the road because she steered around her. She did not stop.

“It is the prosecution case that this was careless. Ms Avorga on her own account knew Ms Emmett had mobility problems, was waiting for a hip replacement and walked on two crutches.

“She passed so close when Ms Emmett was crossing the road that, when she fell, there was only one outcome and it was a fatal one.

“Had she stopped or at least passed Ms Emmett so widely there was no possibility the two would come into contact, the collision would have been avoided.

“Whilst I am sure you will all agree that Ms Avorga did not mean Ms Emmett any harm at all, the sad result is that a careless decision not to stop and wait and let her complete her crossing of the road has, the prosecution say, resulted in Ms Emmett’s death.”

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The neighbour described finding Avorga in a hysterical state, screaming: “I tried to stop but she slid and fell. I killed Janet. Oh my God, I’ve killed my friend.”

Paramedics found Ms Emmett trapped under the front left wheel of the car, with no signs of life, the court was told.

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The fire service had to lift the vehicle off the victim, so she could be taken to hospital.

In an interview with police, Avorga, who denied the charge against her, said Ms Emmett had been one or two metres in front of her car, when she first noticed her.

She said she steered to the left then saw the pensioner change her direction back towards the car – which was when she lost her footing and fell.

The jury, which deliberated for four hours, wrote a note of concern over the lack of pavement in the area. Judge Alexia Durran suggested the note be passed to the coroner.

Avorga was granted continued conditional bail ahead of her sentencing on 7 June.

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