$750,000 damages for cleaner's plunge

Sydney Morning Herald

Monday October 19, 2009

Kim Arlington

A PRIMARY school on the Central Coast had been plagued for months by vandals before a cleaner was seriously injured in the playground.The District Court heard that windows at Toukley Primary School were broken, rails were removed from garden fences and grates covering drains were taken to make ramps for skateboarding.At the start of her pre-dawn cleaning shift in February 2005, Nadine Schneider fell into a drainage pit that was left uncovered by vandals in an unlit part of the playground.Her injuries left her in chronic pain, battling anxiety and depression. Unable to return to full-time work, she lost her job in 2006 and can no longer live independently. Ms Schneider, 52, sued the state of NSW for negligence and last week won $750,000 in damages �� the maximum amount that can be awarded in the District Court.Judge Leonard Levy found the state had breached its duty of care to Ms Schneider. Her "post-injury situation and circumstances have led to her having a miserable existence", he said, and her pain, suffering and loss of enjoyment warranted a significant award of damages.The state had denied liability for the incident. It disputed that the area of the playground where Ms Schneider fell was unlit and denied being aware of vandals removing the grates from drains.But the court heard evidence from Barbara Coulthart, Ms Schneider's supervisor, that there was "a constant problem that the children would come into the school grounds and remove the grates".She said it happened at least once a month in the 10 months before Ms Schneider's fall. "The school was at that stage in a terrible state with vandalism and it was very frightening," she said.She also gave evidence that lights in the area where Ms Schneider fell had not been working for some months and, although she made complaints to senior staff, nothing was done.Ms Schneider said she underwent surgery for carpal tunnel syndrome. She had reduced strength and movement in her arms and could not hold onto some objects. She lost her job in November 2006.