Newspaper article The Morning Bulletin (Rockhampton, Australia)

Man Sues Council for His Injuries after Fall

Newspaper article The Morning Bulletin (Rockhampton, Australia)

Man Sues Council for His Injuries after Fall

Article excerpt

Byline: Adam Wratten adam.wratten@capnews.com.au

IT was meant to be a break to see family at Yeppoon before a 10-day fishing trip with friends, but Kevin Wayne Pearce's visit went down a different path.

Mr Pearce, 52, is suing Rockhampton Regional Council for more than $215,000 after he fell through a footpath at Yeppoon.

He suffered lower back and right knee injuries in the fall in March 2008.

In a claim lodged this week for damages with the District Court at Rockhampton, Mr Pearce, who now lives at Port Vernon, said he had just placed an order for pizza at a Domino's restaurant when he fell through the footpath as he walked along James Street, near the Mary Street roundabout.

"The plaintiff was walking at a normal pace when without warning the pavers of the footpath collapsed underneath him and he fell through the hole created," the claim says.

"The collapse of the footpath was a result of the failure of the drainage system located under the footpath. …

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