MEMBERS of a York brass band told a court about the moment when tuba player Roy Gill fell from a wagon during the 1999 Lord Mayor's Parade, leaving him paralysed.

Mr Gill, 66, of Knavesmire Crescent, York, was playing in the York Railway Institute Goldenrail Band during the annual parade on June 27, 1999.

He fell off the band's wagon onto his forehead after it allegedly "jerked forward" while reversing at York's Knavesmire.

He injured his spinal cord and had to spend months in hospital.

Mr Gill, who still plays with the band despite his injuries, is making a claim against the driver of the wagon, James Anthony Gill (no relation) and his employers, House of James Transport.

He is also making claims against two members of the York Junior Chamber (YJC), a charitable organisation which made arrangements for the parade; Malcolm Smurthwaite, secretary of the Railway Institute band, who was responsible for band bookings; and The Ecclesiastical Insurance Company.

Fellow tuba player Colin Riggs, of The Garlands, Clifton, who was playing beside Mr Gill at the back of the wagon, told Leeds High Court he had a good view of the accident.

"There was nothing to obstruct my view," he said. "Mr Gill didn't stand up when we were moving.

"The lorry just stopped dead while it was reversing. Mr Gill did a barrel roll off the edge of the wagon between the ropes - I fell back into the drums and the euphonium player fell straight backwards. The bass drum stopped me.

"I shouted at the driver, 'stop don't move' as any further movement could have crushed him under the wheels."

Mr Gill's barrister, Michael Redfearn QC, told the court that the flat back was not surrounded by protective elasticated webbing before it set off.

He said band members had improvised at their Queen's Street premises by tying ropes around the vehicle, but Mr Gill and others claimed this was not as taut or safe.

Mr Gill alleges that he grabbed hold of the rope for added support after slipping, but it merely took the slack, causing him to lose balance and topple over the side of the lorry.

The hearing continues.

Updated: 12:14 Tuesday, January 29, 2002