The Claimant alleged that he stumbled on a fallen part of concrete post with metal mesh attached to it. The defect was on an adopted path for which the council was responsible for the maintenance and repair. The Claimant alleged that he fractured his ankle as a result of the accident.
Although the defect was a hazard and council did not have a section 58 defence in this matter the medical records revealed that the Claimant suffered the injury as a result of a fight.
The admission of liability was successfully withdrawn and the Defence was amended to include allegations of fraud.
The Claimant discontinued the claim at the case management conference.
