Fernquest v City and County of Swansea, Court of Appeal - Tim Petts, 12 King's Bench Walk
20/12/11. On 10th December 2008, Mr Fernquest slipped on ice on the pavement near a bus stop by St Mary's Church in Swansea city centre and broke his wrist. He had just come off a park and ride bus service run by the local authority in partnership with a bus company. About 90 minutes before the accident, at about 9am, the bus driver had asked the council's park and ride attendant to report the icy pavement to the highways department, because he had seen someone fall over and injure himself. The attendant did so, but the level of calls in the bad weather meant that no-one was available to attend the scene before Mr Fernquest fell as they were attending to reports that were given a higher priority.
He sued Swansea as the local highway authority, relying on its duty under section 41(1A) of the Highways Act 1980 "to ensure, so far as is reasonably practicable, that...
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