Former Adelaide politician will get second likelihood to sue council after tripping over e-scooter
A former Labor minister who admits he noticed a Beam e-scooter on the footpath earlier than tripping over it within the daytime final yr has been given a second likelihood to sue the Adelaide Metropolis Council for damages.
- Kym Mayes tripped over a Beam e-scooter on a gentle spring day
- He lodged a $2,375 damages declare in opposition to Adelaide metropolis council and Beam
- The case was dismissed earlier this yr, however will probably be heard once more by a distinct Justice of the Peace
Kym Mayes claimed his left foot “snagged” on an electrical scooter laying on its facet as he walked alongside Gouger Road, in Adelaide’s CBD, on September 20 — a gentle spring day — final yr.
Mr Mayes served as a minister in varied SA authorities portfolios from 1985 to 1993.
He instructed Justice of the Peace Simon Milazzo earlier this yr that landed on his proper knee, proper elbow and left hand, inflicting damages and loss.
The Justice of the Peace dismissed Mr Mayes’ declare for $2,375 in damages, noting that individuals typically stroll into poles or journey on gutters and that was not the council’s fault, both.
However a District Courtroom decide has this month overturned the choice, returning it to a distinct Justice of the Peace however acknowledging it “could effectively fail” a second time.
Man noticed e-scooter, however nonetheless tripped on it
Mr Mayes’ argument earlier than the primary Justice of the Peace was that the council had an obligation to maintain its footpaths freed from hazards, simply as supermarkets should maintain aisles freed from spillages.
He admitted that he noticed the e-scooter on the bottom earlier than tripping on it.
However he mentioned the council had a licence settlement with Beam, requiring it to retailer its electrical scooters safely, and that had not occurred.
The council argued the fallen electrical scooter was an “apparent” hazard, whereas Beam, additionally named as a defendant, argued it was fully Mr Mayes’ fault as a result of he was speeding to catch a tram on the time.
Justice of the Peace Milazzo dismissed the case and warned that Mr Mayes risked incurring “an entire lot of prices” if he persevered with the minor damages declare.
However persist he did, asking the District Courtroom to evaluation the case.
Declare ‘could fail’, however will probably be heard once more
In her judgment this month, Decide Jane Schammer acknowledged that there have been important hurdles to Mr Mayes’ declare succeeding.
“As Mr Mayes noticed the scooter, he faces a major problem in establishing a breach of any responsibility of care” by both the council or Beam, the judgment says.
“Mr Mayes’ motion in opposition to the council could effectively fail.”
Nonetheless, Decide Schammer discovered “procedural defects” in the best way the Justice of the Peace dealt with the case.
She dominated that he ought to have reviewed CCTV of the incident and regarded affidavits and proof earlier than deciding the declare had “no affordable foundation”.
She returned the declare to the Magistrates Courtroom, the place it will likely be heard once more by a distinct Justice of the Peace.