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High Court determines that a local authority was liable for injuries caused when a motorbike slipped on ice arising from a gully, on the grounds that there was insufficient evidence that the roadway in question had been cleaned prior to the accident.
Personal injuries - whether local authority was guilty of misfeasance - maintenance of gully on roadway - motorbike caused to skid on ice - whether any causal link between alleged acts or omissions of the local authority and the skid of the motorbike - history of flooding problems arising from poorly maintained gullies - whether any flooding from the gully at the time of the accident - expert evidence - history of complaints - whether defence of nonfeasance applied to drains rather than the road surface - whether road in question had been cleaned.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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