A MUM is suing a housing association for £150k in compensation after she fell into a bush – IMPALING her eye on a twig.
Terrie Scales claims that she fell on large stones which were all over the driveway of her home in Croydon, South London, in July 2015.
The 53-year-old tripped and went forward, landing in the bushes with a sharp branch penetrated her left eye.
She had to have the entire eyeball removed, and has taken the housing association Hillcrest to court over the horrific incident.
But they deny any blame for what happened, telling the hearing that it was just an “unfortunate accident.”
They also claim that medical records following Mrs Scales fall suggest that she might have been drinking, but she vehemently denies consuming any alcohol.
Colin Mendoza, Mrs Scales’ barrister, told the court that she had been chaperoning a teenager’s party at a neighbour’s house before the accident took place.
As she returned to her home in The Glade, she fell on a large stone before going into a bush on the side of the drive.
'UNFORTUNATE ACCIDENT'
Giving evidence at the hearing she said: “Obviously it is dangerous, because I have lost an eye for it.
“You can't say it's not unsafe. I have lost my eye. It should have never been like that.”
Mrs Scales said that she had been left in agony and was sick because of the shock, and added that she had been with her daughter, 10, at the time.
She was rushed to hospital following the incident, but despite several operations her left eyeball had to be removed.
Mr Mendoza told Judge Heather Baucher: “The claimant has therefore been left only with her right eye, which was uninjured in the accident.”
He added that she now struggles with making food and drinks as well as seeing steps and other obstacles in her way.
'AGONY'
In the aftermath of the incident she relied on her own mother for help around her house.
She is suing the housing association under the Landlord and Tenant Act 1985, and is claiming that they breached their duty to ensure that her driveway was in a reasonable condition.
Mr Mendoza explained that she had complained numerous times previously about the surface and the lack of lighting.
He added: “Here the defendant ought in the circumstances to have known of the relevant defects.
“The very uneven path was well known…The condition in the past had been notified.
“Works had recently been undertaken on the driveway. It is not right to say the drive had been left sound…and was simply awaiting a top dressing of gravel.
'TRIPPING HAZARDS'
“If it had been left sound, the tripping accident would not on the balance of probabilities have happened.
“Instead, it remained very uneven with tripping hazards on it in the form of large stones and potholes.”
Barrister Lee Evans, on behalf of Hillcrest, denied that the path was defective and argued that there had been “reasonable care” taken to make it safe.
He added that Mrs Scales had contributed to her own accident as she failed to step over any stones on the ground.
Questioning her during the hearing, he suggested that the path was not unsafe and that she was “very unfortunate” to fall on something that was “not unsafe.”
He also questioned whether she had really complained about the driveway in the past, pointing out the lack of evidence of messages having been sent.
But Mrs Scales denied this, claiming that evidence of her previous complaints had been lose when she got a new phone.
The hearing continues.
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