Grandmother and dog hit by London taxi on A2990 Old Thanet Way in Herne Bay died in tragic accident, coroner rules
A coroner has ruled the death of a "one-of-a-kind" nan was a tragic accident after a taxi struck her as she walked her dog across a busy road. Mum-of-two Lynn Durling was crossing the Old Thanet Way in Herne Bay near her home with her beloved Staffordshire bull terrier Boston when the vehicle collided with them both.
The 60-year-old grandmother-of-four was knocked down between the Chestfield and Greenhill roundabouts - and suffered multiple injuries, including a broken neck. Although emergency services descended on the A2990, she died at the scene on the evening of September 6, as did Boston.
The London taxi driver had been travelling home from work via Herne Bay when the Tesco worker appeared from behind trees on the carriageway moments before the fatal incident. Coroner Sarah Clarke was told at an inquest last Monday that the motorist was driving below the speed limit, did not have any passengers and was off-duty, travelling home via Herne Bay. "I was listening to the radio and driving, then she was there," he said in a police statement read out at Oakwood House, in Maidstone.
"Before I knew it, she was on the bonnet before I braked."
He explained although he had no injuries he was "very shaken" by the collision.
Serious collision investigator DC Sylvester told the inquest: "There are trees on the side of the road Lynn was crossing on. "It is believed she came out of a walkway, which cuts to Westlands Road." Ms Clarke added: "It looks like there is a human-made path."
999 call handlers first received reports at 8.30pm a car had struck a pedestrian on the Old Thanet Way.
A driver and an off-duty officer started CPR on Mrs Durling while they waited for police and paramedics to arrive at the scene. Efforts were made to revive her but she was confirmed dead at 9.15pm. The taxi driver did a breathalyser, drug swipe and impairment test at the scene, all of which he passed.
He was not arrested but was invited into the station so police could obtain a witness statement.
The coroner, addressing DC Sylvester, said: "There was no room for further criminal investigation and when I say that, there was to be no arrest of the taxi driver or subsequent prosecution, which ends your involvement?"
DC Sylvester explained that police concluded there was no evidence of criminal activity. Investigators did not find any faults with the driver's car and the emergency braking was "effective". And Ms Clarke added that there was nowhere him to go to avoid Mrs Durling, because of the on-coming vehicles and braking distance.
The coroner said the taxi driver was "not impaired by drink or drugs, speeding and was not distracted while driving". 'Mum and Boston are dearly loved and missed by all their family and friends...' The motorist had taken a call at 8.05pm as he drove home but he was not found to have used his phone at the time of the crash.
The coroner said Mrs Durling had alcohol in her system, which was found to be more than two times the drink-drive limit.
"It could have impaired her judgement but I suspect given she lived close by, she had probably used that cut-through many times without incident," she said. Mrs Durling was seen checking both ways before crossing the road. The coroner ruled the death an accident and told the family: "I am so sorry and I know there are unanswered questions.
"You are doing the right thing by asking them.
I hope you take some closure from the inquest process."
Mrs Durling's family have paid tribute to the much-loved wife, mum and nan, who was born and raised in Penge in south-east London. She later worked at a Tesco store in Beckenham. Daughter Hannah Thomas said: "Mum and Boston are dearly loved and missed by all their family and friends.
"They left us with great memories to cherish forever. We were all lucky enough to have had them in our lives."
Her son, Terence Durling, told KentOnline last year: "She was, and still is, loved by every person who ever met her - she really was one of a kind.
"If she could help you then she would - no questions asked. "She had so much love and time for her family and doted on them.
She loved to spoil her four grandchildren, and Nannie never said 'no'. "She is truly going to be missed by all who knew her and especially by her family, who are truly devastated by what has happened." Terence says his mum loved Herne Bay and would holiday there in her caravan.
She moved to the town a few years ago and worked at the Tesco Express store in Sea Street.
He added: "She had a soft spot for all animals, and at home, she kept budgies, quails and canaries. "Then there's Boston - her fur baby. They were inseparable until their final day.
"He was a good dog and a part of the family for five years.
May she rest in peace with her fur baby."