Vic: Widow sues over husband's flood death

AAP General News (Australia)
08-31-2004
Vic: Widow sues over husband's flood death

MELBOURNE, Aug 31 AAP - The widow of a man drowned in a flash flood has begun an $800,000
damages action over his death.

The Victorian Supreme Court was told today 36-year-old train driver Michael Ronald
Burch made a phone call for help before he died on November 13, 1998.

Paul O'Dwyer QC, representing Fiona Burch, said Mr Burch left a message on his father-in-law's
answering machine, saying: "I'm in some trouble, I'm on the back road and the car is slipping."

Mr Burch, who had two children, had been driving his car across a concrete ford over
Bushy Creek in Black Springs Road at Wonga Park, on the northeastern outskirts of Melbourne.

His body was recovered the following day.

Mrs Burch is suing the Shire of Yarra Ranges and road contractor Quality Roads Pty Ltd.

In a statement of claim, Mrs Burch, of Chirnside Park, said the shire and the company
were negligent in failing to maintain the ford and also failing to provide proper warning
signs.

Mrs Burch said she and her children had suffered from the loss of his financial support.

Mrs Burch told the court she was pregnant when her husband died and her son Jason was
born three weeks later.

The hearing continues tomorrow before Justice David Ashley.

AAP sew/dk/cat/sd

KEYWORD: BURCH (PIX AVAILABLE)

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