Woman, 82, sues Telstra after stepping on ‘faulty pit’ cover in Mount Barker, causing permanent physical injuries
An 82-year-old woman has sought compensation from Telstra after falling into a pit, leaving her concussed.
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An 82-year-old woman has sought compensation from Telstra after falling into a pit, causing “permanent incapacity” to her right hand and shoulder.
Elizabeth Mallen was walking along the footpath on McLaren Street, Mount Barker, in September, 2017.
Documents lodged in the District Court of South Australia claimed Ms Mallen stepped onto the concrete cover of the pit – about 15m from the intersection with Druids Ave – when it “suddenly gave way”, causing her to “fall down heavily into or partially into” the pit and land with a “hard impact on her right side”.
She argued she suffered concussion, nausea, dizziness and confusion as a result of the incident, as well as pain, swelling and bruising to the right side of her face and injuries to her left shoulder, right hip and upper thigh.
She also suffered “permanent incapacity” to her right hand, shoulder and “severe pain” in her spine.
“(Ms Mallen) has suffered significant impairment of her ability to lead a normal life for a period in excess of seven days,” her statement of claim read.
She also required radiology, physiotherapy, medical and pharmaceutical treatment, and domestic and personal care from her daughter.
Ms Mallen accused Telstra of 14 individual counts of negligence, including a failure to take necessary steps to ensure that the cover of the pit would not break or become unstable.
She also said it failed to have an adequate monitoring, inspection, maintenance and repair system in place to “ensure that the faulty cover to the Telstra Pit could be detected and repaired in a timely manner”.
“(Telstra) failed to take all reasonable steps to act in accordance with good engineering practice to protect the safety of persons and property,” the claim read.
However, in its defence statement, Telstra said Ms Mallen no longer experienced pain and suffering, a loss of amenities or required medical or other treatment.
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“(Ms Mallen) will not suffer an impairment or deprivation of income or earning capacity as a result of any alleged injuries attributed to the alleged incident,” its statement read.
“(Her) injuries were caused or contributed to by her own negligence.”
A settlement conference is due to be held on October 30.