Slade Point woman files $263k lawsuit against Mackay shopping centre over pothole

A woman has filed a $260,000 negligence claim against a Mackay shopping centre after she stepped backwards into a pothole while recovering from surgery. DETAILS.

A Slade Point woman is suing the operator of Caneland Central for $263k over a pothole.

A woman has filed a $260,000 negligence claim against a Mackay shopping centre over a pothole in the carpark.

However the owner of Caneland Central has argued Debra Town, now 62, caused her own injuries and the amount she wanted was too much.

On June 16, 2018 the Slade Point woman had parked in a disabled spot – she had been recovering from surgery on her left achilles tendon – retrieved items from the back seat and stepped backwards into a pothole.

Court documents sighted by the Daily Mercury stated the pothole was 45cm long, 5cm wide and 2.5cm deep.

Ms Town claimed in court documents that as a result she “lost balance” and fell to the ground causing fractures in her left foot and a toe.

She alleged she continued to suffer pain in her left ankle and hind foot, has impaired capacity for physical activity, fatigue and can no longer walk for long periods, on uneven surfaces, climb ladders or stand for lengthy periods.

She also alleged she has restricted capacity to kneel, squat, crouch, bend and will require “medical, surgical, and conservation treatment, physiotherapy and medication”.

Ms Town is suing operator of Caneland Central, Lend Lease Property Management Aust Pty Ltd, as well as two companies contracted to maintain the car park – Millennium Hi-Tech Holdings Pty Ltd and MSS Security Pty Ltd – for negligence totalling $263,743.10

Caneland Central operator Lend Lease Property Management has argued Debra Town caused her own injuries by failing to keep a property look out.

She alleges Lend Lease failed to take reasonable care to prevent foreseeable risk, and that Millennium Hi-Tech Holdings and MSS Security failed to alert any potential dangers of parking in the disabled spot as well as failed to barricade the pothole.

Lend Lease has filed a defence to the claim arguing the pothole was clearly visible, was “an obvious risk” and it did not owe a duty to warn of an obvious risk.

It argued it was reasonably foreseeable Ms Town may be injured where “she failed to keep a proper look out” and that she caused her own injuries by walking backwards and/or misstepping.

The company stated it took “reasonable care to prevent a foreseeable risk of injury” by contracting Millennium Hi-Tech Holdings and MSS Security and that it was entitled to rely on them “in their capacity as competent independent contractors” and they “will be liable for their own negligence”.

Lend Lease also argued the amount Ms Town sought was “excessive and not commensurate with the true nature and full extent of (her) injuries”.

Neither Millennium Hi-Tech Holdings nor MSS Security have filed a defence as yet.