Geoffrey Barker won almost $40k after he fell over raised pavement in Kogarah

An 80-year-old father was awarded damages after he tripped over uneven pavement outside Kogarah train station and needed a hip replacement.

Geoffrey Barker sued Krack Solutions for negligence and won almost $40,000 after he tripped on pavement near Kogarah railway station. The pavement has since been replaced. Picture: Supplied

An elderly man has been awarded nearly $40,000 in damages after he tripped over raised pavement near Kogarah Railway Station and severely injured his hip.

Eighty-year-old Geoffrey Barker successfully sued Krack Solutions in NSW District Court for the personal injury he suffered on December 20, 2017.

The company, A J Zanco Pty Ltd, cut and excavated the pavement to repair cable conduits on the east side of Station Street in October that year before the section was replaced with a slab of concrete.

Mr Baker alleged Krack Solutions was negligent because it failed to care for his safety, created a trip hazard, left the slab raised above the surrounding area and did not have warning signs nor cordon off the area.

Mr Barker, who was 75 years old when he was injured, sought out-of-pocket expenses and compensation for future medical experiences and non-economic loss.

Krack Solutions denied it was negligent.

Geoffrey Barker sustained a hip fracture and had ongoing pain before he needed a hip replacement as a result for the injury. Picture: Supplied

The key issue of the case was whether the concrete slab was flush with the surrounding pavement.

Bayside Council had no active role in the work nor did it authorise or inspect the work.

Mr Barker said at the time of the injury he suffered from “right drop foot” and he found walking “awkward and difficult”.

He told the court he fell on dislodged and protruding pavement which he had not noticed prior to his fall.

Mr Barker said he felt immediate pain in his left hip and knee, and was on the ground for about a minute before two women helped him up.

His wife and daughter drove him home where he remained mostly in bed for two days before he was admitted to St George Hospital, where it was discovered he suffered a hip fracture.

The court heard there were no photos taken at the time showing the raised concrete and Judge Robert Montgomery found Mr Barker was a “frank and honest witness” and was satisfied his right foot hit the edge of the slab.

He found the slab was “unstable” and had moved and protruded since being replaced.

“The protrusion was … a real trip hazard and probably more than one centimetre above the surrounding surface,” Judge Montgomery said.

“Had [Krack Solutions] restored the footpath section according to proper practise, [Mr Barker’s] trip and fall would have been avoided.”

The court heard the company failed to notify Bayside Council after the work was completed, and Judge Montgomery found therefore the council did not inspect it before Mr Barker’s trip, and therefore did not determine it was “wobbly”.

The company cut and excavated the pavement to repair cable conduits on the east side of Station Street in October 2017 about six weeks before Geoffrey Barker tripped and injured himself. Picture: Supplied

Judge Montgomery said the condition the footpath was left in was a “breach of duty” and did not avoid risk of injury to pedestrians.

“Had [Krack Solutions] reasonably carried out the works, including by its own inspection or have properly notified the council which would have brought about an inspection; then more likely than not the injury would have been avoided,” he said.

The court heard Mr Barker underwent a left hip replacement in August 2019 as a consequence of his injury, which ended his constant pain but he still had mobility issues and needed a physical aid.

“I find Mr Barker experienced significant pain and suffering for approximately two years and has continued to suffer loss of amenity of life as a consequent of his injury,” Judge Montgomery said.

The Judge ordered Krack Solutions pay $39,015.75 to Mr Barker.

Bayside Council has replaced the pavement.

Mr Barker’s barrister Michael McAuley told the Standard following the judgment and five-day hearing in February that personal injury law was “unnecessarily complex, slow and expensive”.

“Too often the law, as in Mr Barker‘s case, does not provide adequate compensation,” he said.

“Too often injured persons such as Mr Barker are treated badly.

“There should be a Royal Commission into personal injury law in NSW for the purpose of reducing complexity, delay and cost, and to ensure injured persons are treated fairly.

“The present system of personal injury law in NSW is a disgrace, and should be reformed.”