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INFOGRAPHIC: Woman claims council negligence, wants $336,000

Tina Henley is suing the council for more than $300, 000.
Tina Henley is suing the council for more than $300, 000.

A WOMAN is suing the council for more than $300,000 after she fell three metres down a drain.

Gladstone paramedic Tina Henley, 34, says the council was negligent because there was a 4.5m gap in the barrier set up around the South Gladstone construction site, and no warning signs, where she broke her ankle.

It took Ms Henley six months to recover after the fall in May 2014 at Beaver Ave.

She went through surgery in Rockhampton followed by months of rehabilitation and according to her doctor, Dr David Morgan, will likely suffer from the injury for the rest of her life.

Now she's asking the council to pay up - a sum of $336,836.20, which includes $32,835 for "future gratuitous care" namely help mowing the lawn and gardening.

In court documents obtained by The Observer Ms Henley argues the council should have known the path following the storm water drains were used by pedestrians and that it was possible someone would fall.

The council approved the Beaver Ave development without a condition forcing the developer to; build a stairway, use a barricade that completely blocked off access, or place signs around the site warning of the danger.

Ms Henley says that makes them responsible.

On the night Ms Henley fell, she and her partner were walking to the shops on Glenlyon Rd.

They decided to take a short cut via the path toward the drains, regularly used by those living in the area.

When she came to the barricade, Ms Henley stepped through it and fell three metres to the ground.

Her right ankle was seriously broken and there was soft tissue damage to her little finger as well as cuts, bruising and scratches.

The total sum also includes $66,117.40 for the income she lost while recovering and $18,630 for her pain and suffering.

The claim has been referred to its public liability insurers Local Government Mutual.

Gladstone Regional Council CEO Stuart Randle said council officers would help with the investigation but wouldn't have any further involvement in the process.

Neither King and Company, solicitors for Local Government Mutual, nor Shine Lawyers, who represent Ms Henley, would comment on the case.

Topics:  broken bone, council, gladstone, negligence, sued, suing




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