The death of a ‘dearly loved’ dad killed by a falling tree branch while walking his dog, was an accident an inquest ruled.
Donald Hamilton Baxter, 67, was killed while taking his dog Taz on a morning walk on February 11, 2020 in Black Woods, Woolton, during Storm Ciara. A high branch fell from a beech tree during the storm’s high winds, hitting Mr Baxter and leaving him trapped and unable to move.
The inquest, which began on Monday, May 16 at the Gerard Majella Courthouse, saw the jury reach its unanimous conclusion today (May 20). Their verdict was Mr Baxter's death was an accident.
READ MORE: Dad killed by falling branch in storm was 'a big kid' who was 'always learning'
Previously, assistant coroner Joanna Thompson read a post-mortem report from Dr Johnson that stated the cause of death was the result of “multiple injuries”.
Mr Baxter's family said: “We just hope Don is resting in peace.”
One witness had been walking two metres behind Mr Baxter when she saw a tree fall down hard, only just missing her. Mr Baxter was trapped underneath the tree and couldn’t move. The witness ran down Woolton Road, flagging down a bus to help.
A second witness heard a crack and saw Mr Baxter was not moving. He was pronounced dead at the scene at 11.08am.
Mr Baxter’s daughter, Kate Baxter, previously paid tribute to her dad on behalf of the family. She said the retired housing manager, was "outgoing, kind and charismatic" as well as a "principled, caring and reasonable man" before later adding friendship and loyalty were very important to him.
Ms Baxter also said in her statement: “Mum was in shock when she found the man she loved, had been married to for 36 years was killed dramatically." She also spoke of her own experience: “It felt like time just stood still. I couldn't move. Something terrible must have happened.
"From this moment, the details of dad’s death trickled in slowly. Initially all we knew was that he was walking his dog in the black woods when a tree fell and killed him. It didn’t feel real, how could it?"
She said her dad was "a big kid himself, he would tell us ghost stories and let our imaginations run wild". She added: "As a family, we always loved him dearly and hoped that in time we’d continue making very happy memories together."
A tree specialist who put together a report to assist the investigation visited the site the day following Mr Baxter’s death (February 12, 2020). He said he believed the main deciding factor in the branch falling was a small but powerful gust of wind from the storm, moving at 55mph.
This weakened the 26-metre tree, which had an internal build up of debris between its two branches. The branch that fell was the smaller of the two and weighed between 2.5 and 2.7 tons based on its size.
The tree specialist, appearing in court as an expert witness, said an inspection regime at the time by the council was adequate. A zoning exercise, which allocated trees to zones ranging from red risk (high) to green (low) was carried out and the beech tree was put down as in an amber zone (medium risk). The specialist said this was appropriate.
The council’s tree officer, a second expert witness, also pointed out the weak point in the union between the branch and trunk. He agreed the main factor in the branch falling was the strong winds weakening the tree.
The court also heard that another tree, known as ‘tree 104’, near to the tree that killed Mr Baxter, also had a failed stem and was in the severe risk category. This tree fell a month before Don’s death, after which it was made safe.
Mr Baxter, from Woolton, worked for Liverpool City Council for his entire career. His daughter told the court he "used his position to make a difference to the people of this city".
Mr Baxter was born on December 17, 1952 in Liverpool. He went to Woolton Primary School and West Derby Comprehensive.
Since 2020 two more trees in Black Woods have been taken down. The woods were closed for over a year, following Don's death, reopening in April 2021.
