Thursday 18 July 2013

Clarence Valley Council denies duty of care and blames lack of money for its failure to maintain local timber bridge


 
 
 
Ann Collins lies strapped to a plastic medical gurney as a helicopter winches her into the sky.
Far below the prone body of the Sydney surgeon stands the Bluff Bridge, a rickety wooden structure spanning the Orara River south of Grafton on the mid-north coast.
Two hours earlier, Dr Collins was happily taking part in her 10th Sydney-to-Gold Coast charity bike ride, but then her front wheel lodged in a rut in the bridge surface, sending her flying over the handlebars.
''Instead of falling onto the ground I hit the side railing,'' said Dr Collins, who is 65.
''I somersaulted off the bridge. I remember the timber planks were very crumbly, because I was trying to grab onto them as I fell down into the rocky ravine.''
The oral and maxillofacial surgeon was stunned by the fall, before realising her legs were crossed in front of her at strange angles.
Dr Collins suffered numerous injuries, including two compound fractures to her left leg, a compound fracture to her right leg, and a fracture and dislocation of her left elbow.
It took major surgery, four months in hospital and many more months of rehabilitation before she could begin to function normally again.
Five years later, Dr Collins' bicycle stands, somewhat incongruously, in the NSW Supreme Court.
Having tried unsuccessfully to mediate a settlement with Clarence Valley Council - the body responsible for the maintenance and upkeep of the bridge - she is suing the council for injury, loss and damages totaling about $800,000.
She claims that, by failing to safely maintain the surface of the bridge despite knowing it was in a state of disrepair, or to provide a sign instructing cyclists of the need to walk rather than ride across, the council was negligent and breached its duty of care.
The case is remarkable because the council's defence includes the claim it simply cannot afford to properly maintain the many ageing timber bridges in the Clarence Valley municipality.
In its defence statement, the council says it ''did not owe the plaintiff a duty of care, because its functions are limited by financial and other resources … having regard to the extent of roadworks for which the defendant is responsible; and the resources available''.
Dr Collins rejects the council's arguments, but the case highlights the looming crisis over local infrastructure in NSW…..
Dr Collins said that in her case a simple sign would have prevented the accident from occurring.
''It only cost them $190 to put up a sign saying walk your bike over the bridge after the accident happened,'' she said. ''If that sign had been there, the bridge would still have been unsafe but the accident would have been avoided.''....

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