Geneva teen fails in chipped teeth claim
A teenager who tried to sue Kyogle Council for $25,000 for chipped teeth has had her case rejected by the District Court in Lismore.
Carissa Carr, 13, of Geneva, lodged a personal injury claim against Kyogle Council two years ago after she allegedly tripped on a broken council footpath in George Street, smashing her front teeth.
Ms Carr's mother, Lynda Palombo, said yesterday she had sought $25,413 in damages to help with ongoing dental expenses.
However, Judge J W Black rejected the claim, saying he was not satisfied the state of the footpath was responsible for the fall.
The family was awarded $383.40 for out-of-pocket expenses.
Ms Palombo yesterday said she was disappointed with the judgment.
"We've waited eight weeks for the decision and I feel like I've been diddled," Ms Palombo said.
Judge Black said that although he was satisfied the raised area of pavement was a possible cause of a fall, he was not satisfied, on the balance of probabilities, that it was the probable cause of the fall.
"I found the plaintiff (Ms Carr) a pleasant and straightforward witness. I bear in mind her age. I also have to bear in mind that there are many reasons why people trip and or fall.
"Some attempts had been made to provide temporary capping (to her teeth) but these have not proved successful, and at the present time the teeth are visibly irregular," Judge Black said.
Judge Black said before falling Ms Carr said she was walking along the pavement talking to her friend.
In cross-examination Ms Carr agreed she knew she should look where she was going in case she tripped. She said she couldn't really see where she was walking, but agreed she was talking to her friend.
Judge Black said initially Ms Carr agreed she went back to look at the footpath and guessed where she might have fallen, but later said she did not point to any spot on the footpath.
"Later on again she said she remembered returning to the scene some time later with her parents, but she did not get out of the car," Judge