ABSTRACT
IN THE WESTCHESTER COUNTY COURT 1 Case No WC631234
BETWEEN JANET SIMPSON Plaintiff
and (1) MICHAEL ANDREWS
(2) ELECTRIC CITY (a firm) Defendants and
WESTCHESTER DISTRICT COUNCIL Third Party
DEFENCE
1. Paragraphs 1 and 2 of the Particulars of Claim are admitted. 4
2. It is denied that the First Defendant was negligent as alleged in paragraph 3 of the Particulars of Claim or at all. It is further denied that the said accident was caused by any negligence on the part of the First Defendant. 5
3. The alleged accident was caused or contributed to by the uneven surface of the pavement which caused the First Defendant to trip, fall onto the Plaintiff, and so damage the new television set he was carrying. 6
4. The uneven surface of the pavement, and accordingly the accident, was caused by or contributed to by the negligence of the Third Party, their servants or agents who were, at all material times, responsible for the upkeep of the pavements in the borough 7 including the pavement outside 23 High Street, Westchester (‘the pavement’). 8
PARTICULARS OF NEGLIGENCE 9
(a) Causing or permitting the pavement to be and/or remain in disrepair so that it was not reasonably safe for use by the First Defendant.
