An 80-year-old cyclist has sued his local council after hitting a pothole and fracturing his spine.
John 'Jocky' Johnstone from Crossford in North Lanarkshire was cycling with his friends Al and Jim on Edinburgh Road near the Pentland Hills when he struck a hole and went over the handlebars of his bike in April 2021.
The pensioner fractured his spine and face and spent 10 days in the University of Wishaw Hospital after being rushed there by ambulance, the Daily Record reports.
Jocky, who is a popular face on the cycling scene, had to wear a spinal brace for three months and still suffers from pain related to the accident.
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He said: "I can't remember the accident. I woke up in the hospital surrounded by doctors.
"My cycling pals said I was lying on the ground gargling and they didn't think I would make it. The paramedics worked on me on the ground for an hour before I was taken to hospital.
"I fractured my spine, broke my jaw and my nose and I needed 27 stitches on my forehead - I looked crazy!
"I was on my feet within six days and managed to get home a few days later."
He continued: "I started working out in my shed doing pull-ups and within five months I was back on my bike.
"I've got a curve on my back and I do suffer jaw pain at night."
Jocky's daughter Jacqueline, 59, contacted law firm Cycle Law Scotland and asked them to investigate the crash.
The firm discovered that numerous complaints about potholes in that area had been made to South Lanarkshire Council as far back as 2018, after a freedom of information request.
The council was found to have carried out temporary repairs at the site, but these had consistently failed.
Jocky took the council to court over his injuries, with his lawyers claiming it was "sheer luck" that the pensioner wasn't killed in the accident.
South Lanarkshire Council agreed to a settlement figure to cover Jocky's injuries and losses almost two years on from the crash.
Jocky added: "The money covered my legal fees and left me with more than a fair amount as means of compensation.
"I eat well and live life well so just getting out again and meeting new people again makes me happy."
Roz Boynton, associate solicitor at Cycle Law Scotland said: “Whilst Jocky’s injuries were bad enough, it was by sheer luck that there had not been a fatality on the road as could so easily have been the case.
"Jocky battled through his injuries and rehabilitation to get back on the bike has been humbling. I think we could all do with being a bit more Jocky.”
A spokesperson for South Lanarkshire Council said: “The council wishes Mr Johnstone the very best for his recovery.
“We have a good record of inspecting and maintaining the 1500 miles of roads that we are responsible for, many of which are in rural and remote areas. We have prioritised investment in this area in recent years and attend to repairs with the resources we have available.
“In the case of this particular stretch of road, we have carried out work to improve the road condition twice in the last year alone.”
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