A HIGH Court hearing ended last week to decide if an ex-bus driver is entitled to claim £500,000 damages from Witley Parish Council and a tree surgeon for an accident nearly five years ago that left him in a coma for seven days.

Presiding judge Sir Alistair MacDuff, has reserved his decision on the case.

Andrew Cavanagh, 57, was driving a single-decker Stagecoach bus on the A283 Petworth Road through the centre of Witley when a giant lime tree crashed down across his cab, in January 2012.

Mr Cavanagh, from Fernhurst, was lucky to escape with his life. The 80ft tree, measuring 6ft in diameter, had its fall partially broken by the wall and roof of Witley Manor opposite, otherwise the bus would have been completely crushed.

Mr Cavanagh had to be cut free and was placed in intensive care in St George’s Hospital, Tooting, for 13 days. He was left with a brain injury, numerous fractures to his face and body, and subsequently lost the use of his right hand.

The former bus driver is suing Witley Parish Council and Godalming-based tree surgeon David Kevin Shepherd for £500,000 in damages. His lawyers claim the council did not do enough to make sure a “high risk” tree was properly inspected.

In its defence, the council said it contracted Mr Shepherd, a qualified tree surgeon with 40 years’ experience, to inspect the tree,

His report said “no works” were necessary.

But Mr Shepherd’s barrister told the court the agreement with the council was that he would not survey areas for which no maps were provided, and he had not been given a map of the area in question. Saying “no works” meant he had not assessed the tree.