Toowoomba Regional Council sued for $1.5m after falling on footpath while walking dog

A former Toowoomba teacher has launched a $1.5m lawsuit against the council, after she badly injured herself on a city footpath while walking her dog.

Repair and maintenance work is seen on the bitumen of a footpath in Bridge St. Picture: Kevin Farmer

A teacher is suing the Toowoomba Regional Council for more than $1.56m after she tripped and fell while walking her dog along a footpath she says was not properly maintained.

Narangba’s Lauren Anne Threlfall lodged a claim against the council in the Queensland Supreme Court last month in relation to the incident that occurred on July 31, 2018 along Bridge Street in East Toowoomba.

The former Fairholme College teacher suffered several injuries as a result of the incident, including a fractured right knee, posterior cruciate ligament injury, a peroneal nerve palsy injury, scarring and a psychiatric disorder.

According to the claim lodged by Gouldson Legal, the incident was allegedly caused by asphalt capping along the footpath installed by the council in late 2017.

“The surface profile of the asphalt capping included elevation changes, including a ridge line that varied in height, compared to the adjacent footpath level,” the claim said.

The claim said the asphalt capping was not identified as an issue by the council when officers inspected the works in May 2018, just two months before the incident.

Ms Threlfall is claiming about $1.562m in damages, saying she had not been able to return to work and had ongoing health issues as a result of the injury.

“The plaintiff has difficulty with uneven surfaces and stairs, she has reduced tolerance for bending and for walking and she will be restricted in her ability to interact with students,” the claim said.

“At least in the short term the plaintiff will remain unemployable; in the long term she has only a suitability to work part time hours.”

The claim covers loss of employment, superannuation, medication and other out-of-pocked expenses as well as future financial losses and medical expenses like surgery and psychological treatment.

Gouldson Legal principal Faran Gouldson said Ms Threlfall had been forced into litigation after trying to settle the matter with the council out of court.

“Ms Threlfall believes that the council has seriously breached the duty of care owed to all pedestrians,” he said.

“Ms Threlfall’s fall and the significant consequences she has sustained as a result occurred after this inspection (in May 2018).

“She has attempted to negotiate a reasonable settlement with the council and its lawyers, but those efforts have thus far been unsuccessful.”

Council CEO Brian Pidgeon declined to comment on the matter as it was before the court.