News Story

A farmer suffered an “unsurvivable” brain injury after being struck by a cow in Aberdeenshire, a sheriff has found.

David Ewan, 87, had been conveying cattle onto a lorry to be transported for slaughter when one of the animals turned and ran towards him before striking him.

The incident happened at Ferniebrae Farm in Barras, Stonehaven, on the afternoon of June 16 2025.

In his determination, Sheriff Ian Wallace said it happened while Mr Ewan was conveying cattle from a shed to the waiting lorry along a 30-foot “pass”.

The pass was formed by the stone wall of the shed on one side and wooden fencing on the other.

A driver named Alistair Brand had parked the lorry at the end of the pass with its back door open to form a ramp into the vehicle.

The report explains: “The first two cattle went onto the lorry without incident.

“Mr Brand then saw the third cattle coming toward the lorry at speed.

“When that cow passed into the light from the shade of the covered area of the shed it spun round and went back down the pass towards Mr Ewan.

“Mr Brand shouted to Mr Ewan to watch out, but he did not see Mr Ewan and heard no reply.”

When he came round into the pass Mr Brand saw the 87-year-old “lying on the ground, approximately 20 feet from the lorry. Bleeding from the head”.

An ambulance was called and members of Mr Ewan’s family arrived to provide assistance.

Mr Ewan was conscious, and “was complaining of having a sore stomach”.

He was taken to Aberdeen Royal Infirmary with “significant head injuries, fractured ribs and other injuries”.

He was assessed by a neurosurgery consultant to have suffered an “unsurvivable traumatic brain injury”, and he died at 7.21pm the same day.

In his determination Sheriff Wallace said that at “four to five feet wide” the pass had been too wide, allowing cattle to turn and change direction.

It was also noted that Mr Ewan’s health had “deteriorated in recent years” and that his mobility was “very limited”, and that as a result there were “obvious risks associated with him handling cattle on his own”.

“The job of conveying the cattle from the holding area into the pass and onto the lorry may have been a one-person job for a fit and healthy person,” the report said.

“It was not, however, a job which Mr Ewan could safely carry out on his own.

“His age and physical condition meant that he would be at increased risk if cattle did become out of control.”

It noted that his daughter had been on her way to provide help, but that when the lorry arrived early Mr Ewan “immediately got on with the task at hand”.

Sheriff Wallace also paid tribute to Mr Ewan’s family, who he said had “attended every hearing” of the inquiry.

“All of this speaks to the love and affection they held, and still hold, for Mr Ewan,” the report said.

“I am aware that, since Mr Ewan’s death, his wife has also passed away.

“I would wish to express my condolences to Mr Ewan’s family and friends for these losses.”

Following the publication of the determination, Procurator Fiscal Andy Shanks for the Crown Office and Procurator Fiscal Service said the determination “highlights the importance of assessing the risks associated with cattle handling, particularly for older farmers”.

He went on: “Cattle can behave unpredictably and even routine tasks can have tragic consequences.

“Farmers should consider this tragic case as an opportunity to review livestock handling arrangements.

“Our thoughts are with Mr Ewan’s family at this time.”