Woman’s fall from kerb was accident, rules judge

Maidstone council did not breach its duty of care to a disabled woman who fell from a refurbished kerb, fracturing her hand, a judge has ruled.

Julia Knight, who had serious learning difficulties and autism, misjudged a step when crossing King Street from a lay-by with stepfather David Woolfries in 2012, just after the pavement’s edge was raised and covered with granite as part of a £2m town centre regeneration project.

Mr Woolfries, 77, of Union Street, launched a compensation claim arguing the kerb was not easily visible and the design was dangerous.

Miss Knight’s arm was in plaster for three months, leaving her unable to bathe herself or cut food.

Settling the two-year battle at Maidstone County Court, district judge Susan Sullivan accepted the council’s evidence the new layout was not hazardous.

She was due to rule last month but adjourned after being told Mr Woolfries died of a heart attack four days after giving evidence.

At July’s hearing Mr Woolfries alleged the kerb matched the paving on the lay-by, making it difficult to differentiate the two.

But project manager John Foster told the court the layout was safe despite 41 reports of trips and falls following the works.

He said a million people use the area every month and the falls were because people were still getting used to the new layout.

After receiving about 15 reports of accidents in the area, Mr Foster asked for double yellow lines to be painted at the kerb edge.

It was claimed later, amid the threat of 14 legal claims, MBC replaced the granite in the layby with asphalt, which seemed to solve the problem.

A focus group had not raised any objections during the consultation and the three safety audits carried out by MVA Consultancy before, during and after the project did not identify any safety issues at the lay-by.

Ms Sullivan said it was clear no party was to blame for the accident.

She said: “Mr Woolfries was very honest.

“He knew about the kerb, he knew what was coming. He was supporting Miss Knight but she was too quick for him, stepped ahead of him and fell in what in my judgement was simply an unfortunate accident.”