Joan Angel said she experienced an overwhelming sense of relief after Council was ordered to pay the 69-year-old $165,178.20 in compensation by the NSW Court of Appeal.

Ms Angel, 65 at the time, fractured her left arm and elbow, hit her mouth and injured her hip when she tripped on a footpath in George Street, adjacent to the zebra crossing, on July 29, 2004.

The court heard Ms Angel fell with such force her head bounced on the concrete.

“I crossed the zebra crossing, turned left, and the next thing I knew I was on the ground,” she told The Gazette this week.

“I spent the next three weeks in and out of hospital while they mended my arm, my hip and fitted me with dentures after my bottom teeth fell out.

“I went to Council about the accident the next day, and was told by an officer that the area was ‘earmarked for repairs’ and that I had ‘gotten there before (they) did’”.

Ms Angel sued Council in the NSW District Court, waiting two years before her case was heard, however she lost after the judge ruled the raised slab of concrete had posed an ‘obvious risk’.

Ms Angel said she was shattered after the court’s initial findings and thought it was terribly unfair, in a judgement she described as “implying I should watch where I was walking”.

She appealed, and last Wednesday the NSW Court of Appeal overturned the decision and found Council was liable for Ms Angel’s injury.

Under five appeal judges, headed by Chief Justice Jim Spigelman, Ms Angel was awarded the six-figure sum in damages, with the court finding shadows cast by nearby trees had obscured Ms Angel’s view of the uneven slab, which was raised 5cm high where she tripped. The court also ruled the Council officer’s admission was particularly relevant to liability.

“I’m just relieved this is the final outcome,” she said. “You have to be very brave to do this kind of thing. It’s a daunting process, but I’m glad I did it.”

Ms Angel suffered significant muscle wastage, 30 per cent loss of use in her injured arm, which was fitted with a permanent plate and screws, and associated limitations to her hip.

While the compensation will ease Ms Angel’s financial situation, she admits the ongoing pain and difficulties from the injuries she suffered will take their toll.

“I was a fit, healthy person before this accident,” she said.

“Now I have trouble doing household chores such as vacuuming and I have a permanent limp, and it’s only going to deteriorate more as I get older.”