No compensation for Branscombe pot hole break

13:00 02 June 2014

Marie Dowell

Marie Dowell

Archant

A Branscombe pensioner was left housebound after breaking her foot on a pot hole – but the county council is denying liability ‘for every single imperfection’ on the road.

Normally enjoying daily 12-mile walks, for weeks ‘stubbornly independent’ Marie Dowell had to be ferried about by her family, and the cost has added up.

Yet a letter from Devon County Council’s lawyers last Thursday revealed that her personal injury claim had been unsuccessful.

Her granddaughter Christina Squire joined the efforts looking after her, and said: “We were expecting compensation. By the time you’ve driven to hospital several times, and shopping trips, the costs add up.

“It was frustrating for her to lose her independence – she’s not that sort of person.”

She said it was ‘disgusting’ that, Marie, who frequently walks around the village and reports the road issues she sees, should get nothing back.

Christina added that her grandmother has no plans to leave the hilly village, but that could change if she becomes unable to drive and she and her husband are left stranded.

Marie, 77, was injured getting out the way of a ‘speeding’ car as she walked from her Parkfield Terrace home to visit her friend in Cotte Barton.

She had to dodge another two vehicles by Pitt Farm, and that was when she lost her footing.

It wasn’t until she went to visit her family in Seaton and taken to the doctor that an X-ray revealed she had broken her fifth metatarsal.

She was only just out of her cast last week when a letter arrived from DCC’s lawyers saying the pothole was only an ‘erosion of the top course of the highway’. It said liability would not be imposed as the council is ‘not under a duty to repair every single imperfection’.

A DCC spokesman said it does not comment on individual cases, but that by law a court would need to consider whether a person’s injury was as a direct result of DCC’s failure to maintain the highway.

He confirmed that the council has seen a rise in the number of compensation claims since government funding cuts had reduced local spending on roads, and that while there is no formal procedure for appeal against a decision, claimants can seek legal advice.

0 comments

Welcome , please leave your message below.

Optional - JPG files only
Optional - MP3 files only
Optional - 3GP, AVI, MOV, MPG or WMV files
Comments

Please log in to leave a comment and share your views with other Sidmouth Herald visitors.

We enable people to post comments with the aim of encouraging open debate.

Only people who register and sign up to our terms and conditions can post comments. These terms and conditions explain our house rules and legal guidelines.

Comments are not edited by Sidmouth Herald staff prior to publication but may be automatically filtered.

If you have a complaint about a comment please contact us by clicking on the Report This Comment button next to the comment.

Not a member yet?

Register to create your own unique Sidmouth Herald account for free.

Signing up is free, quick and easy and offers you the chance to add comments, personalise the site with local information picked just for you, and more.

Sign up now

Other News Stories

Yesterday, 12:59
The Ottery 10K run took place at the weekend. Ref sho 6997-21-15AW. Picture: Alex Walton

A popular 10-kilometre run through Ottery St Mary made a successful return after a three-year break - with hundreds of fleet-footed fundraisers taking part in aid of a cancer charity.

Read more
Yesterday, 08:31
The cut out card

This small item is just one of the objects featured in a new exhibition at Sidmouth Museum.

Read more
Yesterday, 07:00
Dan Lavery of the Devon Freewheelers. Ref exe 1231-13-15SH. Picture: Simon Horn

Dan Lavery is determined Devon Freewheelers will help save lives – as a Belfast ‘hidden hero’ undoubtedly helped saved wife Shelley’s life in 2005.

Read more
Saturday, May 23, 2015
Afternoon tea for Nancy Bowstead an RBL member for 70 years. Ref shs 6853-21-15TI. Picture: Terry Ife

A registered blind Royal British Legion (RBL) stalwart of seven decades is saying goodbye to Sidmouth - but will continue to raise money for the cause at the age of 93.

Read more
Saturday, May 23, 2015
Sam Bader

Dad-of-one Sam Bader, 28, who grew up in Ottery St Mary, supports Devon Freewheelers by sponsoring one of the motorbikes, Bravo One.

Read more
Friday, May 22, 2015
EDDC's Knowle HQ. Ref shs 7705-15-12SH Picture: Simon Horn

Independent councillors call for extraordinary meeting to debate the office relocation

Read more
Friday, May 22, 2015
Dan Lavery of the Devon Freewheelers. Ref exe 1256-13-15SH. Picture: Simon Horn

Devon Freewheelers founder Daniel Lavery will do whatever it takes to keep his lifeline service on the road so other families can receive the same help and care that saved his wife’s life.

Read more
Friday, May 22, 2015
Tanya Trevena with girl guides from Honiton and Sidmouth at the weekend collecting for her sailing challenge.

Guides from Sidmouth and Honiton did their best to help one of their own - as she prepares for a five-day sailing challenge.

Read more
Thursday, May 21, 2015
Devon County Show 2012. Picture by Alex Walton. Ref exe 9931-20-12AW. To order your copy of this photograph, go to www.exmouthjournal.co.uk and click on Myphotos24

Organisers of the Devon County Show are putting the final touches to the county’s largest annual event, which opens today (Thursday) and runs until May 23 at Westpoint, Exeter.

Read more
Wednesday, May 20, 2015
The Admiral Nurse campaign launches at St Francis Hall. Ref shs 6123-20-15AW. Picture: Alex Walton

A ‘phenomenally important appeal for Sidmouth’ – to help people living with dementia and their carers by bringing a crucial, specialist service to the valley – was launched this week.

Read more

Local Weather

Partly Cloudy

Partly Cloudy

max temp: 16°C

min temp: 11°C

Most Read News

Great British Life


Great British Life
Family notices
Advertise in the paper
Submit a Story
Submit a Story
Buy Photos
Competitions
iwitness24
Facebook
Twitter
Google Plus Page
Family Notices 24

Digital Edition

Image
Read the Sidmouth Herald e-edition today E-edition



Devon's trusted business finder