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In terms of the undernoted provisions of the Fatal Accidents and Sudden Deaths Inquiry ( Scotland ) Act 1976, the sheriff determines as follows -
Kevin West, born 12.12.67, residing at 7 Lawers Road , Mansewood, Glasgow, died at around 11.15am on Sunday 14 November 2004 on a building site in Windmill Road , Hamilton as a result of an accident there at around 11am that day.
The cause of his death was traumatic asphyxia as a result of the side of a trench in which he was working in the course of his employment collapsing over him.
The cause of this accident was the inherent instability of the ground forming the side of the trench and pressure on this ground due to the presence there of a dumper truck.
A reasonable precaution whereby the accident resulting in the death might have been avoided would have been the installation of trench shoring to support the sides of the trench.
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