ELDESSOUKY v CANTERBURY MUNICIPAL COUNCIL [1996] NSWCA 170

ELDESSOUKY v CANTERBURY MUNICIPAL COUNCIL

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY P, COLE JA and WADDELL AJA 4 April 1996, 4 April 1996

[1996] NSWCA 170

Damages for personal injury — Jury verdict for defendant not set aside. Plaintiff employee of defendant — Slips on step in forecourt to defendant's premises — alleges caused by debris from trees not removed after recent rainstorm — Jury returns verdict for defendant — appellant submits verdict against evidence and weight of evidence — held that verdict open to the jury.

Orders: Appeal dismissed with costs.

Waddell AJA This appeal is against the verdict of a jury which found for the respondent Council on a claim by the appellant for personal injuries suffered when she slipped on a step which was part of the forecourt to the building occupied by the Council as its offices.

The accident occurred on 3 October 1986. The appellant had been in the employ of the Council for some years before that as a stenographer. There had been a severe storm in the morning involving wind, heavy rain and hail. The storm had abated by about midday. The appellant left for lunch at about 12.45pm and she went next door to the library. She was walking across the forecourt to return to the office at about 1.25pm when the accident occurred. There was no dispute that the storm had caused leaves and twigs to be distributed over the forecourt. When the appellant went to walk up the steps her foot slipped and she fell down and suffered quite considerable injuries. She was five and a half months' pregnant at the time.

The contention raised for the appellant is that the verdict of the jury for the Council was against the evidence and the weight of evidence, and an order is sought that judgment in the Court below be set aside and that the matter be remitted to the District Court for a new trial.