The material facts
The plaintiff, Mrs. Spencer, was a 73 year old woman. In March 2000, Mrs. Spencer was walking along the pavement in Maryborough, when she tripped and fell over. As a result of the fall, Mrs. Spencer suffered a fractured hip. In the months prior to the incident, Mrs. Spencer stated that she had noticed, '...unevenness in the cement paving on that road...' The trial judge established that there was a slight difference in elevation of about '... 9 to 10 millimetres...' between the two adjoining concrete slabs. …
