A Queensland council has overturned a payout of more than $300,000 after successfully appealing against a negligence lawsuit involving a woman who tripped while walking in a park.
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Barbara Josephine Hodges sued Townsville City Council after an incident in the city's Sherriff Park about 9am on October 15, 2015 in which she stepped into what she described as a hole in a grassed area with her left foot.
Hodges, aged 55 at the time, said stepping into the hole caused her to fall and suffer spiral fractures in her left ankle.
Townsville District Court ruled in Hodges' favour in December last year, finding the council failed to take reasonable precautions in respect of risks of harm which were reasonably foreseeable.
District Judge John Coker said it was a small hole concealed by grass but the risk was made obvious by Hodge's injuries and the fact an ambulance crew fell over while carrying her from the scene in a stretcher.
Judge Coker awarded Hodges damages of $301,603, a sum which had been agreed to by both parties during the lawsuit.
The council took the case to the Brisbane Court of Appeal and following a hearing in May the court handed down its decision on Tuesday overturning the District court order to pay damages to Hodges.
The council had argued the District Court was wrong to conclude the depth of the hole was of little consequence and ought to have found that Hodges fell on uneven ground varying by about 20mm.
Justice Debra Mullins and two other judges agreed the hole's depth was critical to determine what system or efforts the council could have put in place to detect and repair the fault.
"A reasonable person in the council's position would have taken the steps which the council took in this case, namely having persons engaged in mowing the lawns look out for and report hazards including holes," the court's decision stated.
The court of appeal set aside the District Court orders that the council was liable for Hodges' injuries and that the council pay damages.
Australian Associated Press
