Alcohol factor in death of man hit by train

Not all deaths connected to excessive consumption of alcohol are related to motor vehicles, and people consuming excessive amounts must realise there are other dangers, coroner David Crerar told an inquest yesterday into the death of an Oamaru man struck by a train.

In the Oamaru Coroners Court, Mr Crerar found Nicholas James Cusack (27), freezing worker, died on February 28 as a result of severe traumatic injuries sustained when he was lying on the Oamaru Railway Station platform earlier that morning and, at least in part due to intoxication, was unable to avoid an approaching train.

He recommended copies of his findings be sent to the Alcohol Advisory Council of New Zealand (Alac) and the National Addiction Centre in Christchurch.

Mr Cusack had been drinking alcohol at bars on the night of February 27.

Shortly before midnight, he purchased a pizza and went to the railway station to eat it, Mr Crerar said.

He was seated on the edge of the platform with his legs dangling and it was thought he had been asleep.

About 1.38am on February 28, a northbound freight train approached the station at an estimated speed of 75kmh.

The driver, Trevor Wilson, saw something on the platform sticking out over the edge.

He did not know what it was and tooted the horn.

He then realised it was a person and, as he tooted, the person began to sit up.

He immediately braked and informed train control and police were contacted.

When Sergeant Wayne Brew arrived, he began CPR on Mr Cusack.

When ambulance staff arrived, he was transferred to Oamaru Hospital where he died shortly afterwards.

Inquiries established that Mr Cusack had been to bars throughout the evening and was obviously intoxicated, Mr Crerar said.

A sample of his blood showed a blood-alcohol level of 228mg.

For comparison, the legal blood-alcohol level for a driver aged 20 or over was 80mg.

Giving evidence, Fat Sally's Pub and Restaurant owner-manager Sally-Ann Donnelly said she was working as duty manager on February 27.

She had known Mr Cusack as a customer and friend for about five and a-half years.

She saw him come in about 10.15pm and leave about 10.30pm.

He was a big drinker and it was not uncommon to see him quite intoxicated.

He was usually the first to say he had had enough and was going home.

That night he had "obviously had a big day"' and staff would not serve him.

Two staff members offered him a ride home but he had his bicycle.

She last saw him pushing his bicycle south on Thames St.

News of his death the following day upset her and her establishment's patrons, she said.

A Domino's Pizza receipt in his pocket was dated 11.41pm on February 27.

Staff at Domino's noticed he was quite intoxicated.

He staggered and was unsteady, Sergeant Wayne Brew said.

Mr Crerar said the whereabouts of Mr Cusack for an hour and 10 minutes, between leaving Fat Sally's and purchasing his pizza, were unknown.

When asked if police inquiries had been fruitless and whether other establishments had not wanted to say they had served him alcohol, Sgt Brew said he believed that to be correct.

Fat Sally's was to be commended for refusing to serve Mr Cusack and he was to be commended for purchasing pizza.

The refusal might have been an indication to him as to his degree of intoxication, Mr Crerar said.

The most likely scenario was he went to the railway station to find a quiet place.

While there, he ate pizza and went to sleep lying on the side of the platform.

Mr Crerar attributed no blame to the train driver.

Mr Cusack was wearing black jeans and a black T-shirt, and his dark clothing afforded the driver little opportunity to see him and react.

Bright clothing would have meant he could have been seen earlier but would not have prevented a collision.

Emergency services personnel and Oamaru Hospital staff were to be commended for efforts to resuscitate Mr Cusack, who was to be commended for cycling and not driving a vehicle.

 

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