Teacher to get $241,000 payout after she broke her ankle

A YARRILEE State School teacher will get a $241,000 payout after fracturing her ankle on crumbling concrete while crossing the school grounds with students.

In March 2010, Neroli Gilmour tripped on a broken section of a pedestrian crossing and fractured her right ankle, while supervising students on the way to swimming lessons.

At a District Court of Queensland hearing in Brisbane, Judge Kiernan Dorney QC heard Mrs Gilmour, 42, had suffered ongoing pain, including side effects from pain killers after the accident, and had a reduced ability to work.

The State submitted the small size of the broken area at the crossing simply constituted an everyday hazard faced by people in all areas of life and there was no urgent need to repair it .

However, Judge Dotrney disagreed, and said knowledge of the existence of the defect would have demanded action.

"A teacher shepherding children such as Mrs Gilmour can not permanently be on the lookout for hazards on a step-by-step basis, " he said.

"The evidence shows that the dimensions of the hole, together with its uneven features, were more likely to cause sudden tripping, falling and an injury than from an expected relatively even surface."

The State was ordered to pay plaintiff Mrs Gilmour the amount of $241,210.19, including interest.

The crossing within the school was improved following the accident.



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