Topics:  court, footpath, personal injury, southern downs regional council

Qld council settles injury claim

Warwick Town Hall
Warwick Town Hall Alex Leggett

THE sister-in-law of a Southern Downs deputy mayor has settled her six-figure personal injury claim for a footpath fall for an undisclosed sum out of court.

Janelle Bartley, whose husband Scott is the brother of councillor Ross Bartley, lodged a $398,551.62 claim against the Southern Downs Council with the courts in 2010 after a fall near Warwick Town Hall.

She claimed she stumbled and "fell to the ground on her outstretched right arm" about 5pm on February 2, 2009, because of a depression in the walkway between the town hall and Suncorp.

It was claimed the depression was 3cm deep, 20cm long and 2cm wide.

Mrs Bartley, aged 46 at the time, sustained multiple fractures to her humerus, or upper arm.

A trial was set down in the Brisbane District Court on Thursday to determine the matter but barrister Andrew Musgrave told the court the parties had agreed to settle out of court.

Judge Nicholas Samios sent the matter to the settlement list.

Once the council and Mrs Bartley have met their agreed settlement terms, a notice of discontinuance will be issued to dispose of the matter in the court system.

The contents of the settlement, including the final figure, are believed to be confidential.

Mrs Bartley's original claim stated the fall caused her pain and suffering, along with a "reduction in the enjoyment and amenities of life".

She also argued she lost earnings and earning capacity.

Mrs Bartley was expected to need ongoing therapeutic treatment and care to tend to her injury, which she claimed reduced her ability to work operating a keyboard for extended periods.

At the time Mrs Bartley lodged the claim, the council was facing four other personal injury suits.



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