A woman will take the City of Ballarat council to court for damages after she allegedly crashed her bike in a pothole around Lake Wendouree.
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The woman, Karen George, launched a common law proceeding for "pain and suffering" and "economic loss" damages against the council.
The crash occurred on March 24, 2018, but there is a three-year limitation period for bringing civil action - this week, she successfully applied in the County Court for an extension, which means the case will be heard later this year.
The court documents state Ms George was riding a bike along Wendouree Parade, and allegedly "rode into a pothole which caused her to fall and sustain injury".
"The plaintiff alleges that the defendant was responsible for the maintenance and repair of the road and owed her a duty of care," the court documents state.
"It is alleged that the defendant (the City of Ballarat) breached its duty of care and was negligent.
"The defendant denies the allegations."
It's noted she fractured her right arm and required a shoulder replacement, as well as years of scans and checks.
"She says that she contacted the defendant about the incident. She says that there were a series of letters sent to her by the defendant responding to her complaints," the documents state.
"The plaintiff believes that the defendant's responses were unsatisfactory."
However, she did not find out about the three-year limit to bring a case until she spoke to lawyers in October 2022 - more than a year after the limit expired.
"The plaintiff was under the mistaken impression that she had to exhaust all forms of treatment prior to bringing a claim," the documents state.
"(O)nce the plaintiff realised that her medical condition was not improving, she engaged with the defendant in relation to this claim - while she was engaging with the defendant, she was unaware of her legal rights and what steps she should be taking."
The documents also note a "conflict" with Ms George's "version of events" - in her affidavit, she said she "attempted to move from the road to the footpath in a safe manner and as she was crossing over the tram tracks, she lost traction and fell off her bike".
"The Court notes that this is a different version from that which is pleaded in the Statement of Claim," Judge Aine Magee wrote.
"Whether the plaintiff was injured when her bicycle went into a pothole or whether she lost traction whilst crossing the tram tracks, is not relevant to this application. The Court makes no finding as to the circumstances of the incident."
Judge Magee stated while there were reasons for periods of limitation to bring civil action, it was "just and reasonable" to allow the case to proceed.
"I place particular significance on my findings that the plaintiff has provided a reasonable explanation for her delay and that an acceptably fair trial is likely, notwithstanding the delay," she said.
The case will return to court on May 7 as a 10-day jury trial.
The full court reasons can be read online.