David Wiggins left crippled and out of work by pothole in Allhallows

by Jenni Horn
A man left crippled after tripping over a pothole is still
fighting to get the road repaired three years on.
David Wiggins was walking his dog in Avery Way, Allhallows, when
he fell, shattering his knee.
He was unable to work for two years, which meant he lost his job
as a catering manager and lost his family home.
His son was born two months after the accident, so while David
should have been running around after his little boy, he was unable
to bend his leg or pick him up.
David had to undergo extensive surgery on his knee and is still
unable to stand for long periods of time, which means he cannot
return to his job as a chef.
The 3ft-wide pothole is on the border of Avery Way, a Medway
Council maintained road, and Queensway, a private road.
Neither Medway Council, nor the Crown Estate, which owns
Queensway, will accept responsibility.
Mr Wiggins
claims the pothole is within the council’s boundary, which the
council disputes.
He said: “I have been sent a map by Medway Council which shows
the boundary line runs from the outside wall of number 1 Queensway,
across the road to the boundary hedge of number 7 Avery Way.
“And the offending hole lies in the area maintained by Medway
Council and the rest of it is in the privately owned area which is
under the control of the Crown Estate.”
A spokesman for Medway Council said: “Queensway is a private
road except for a narrow area at its junction with Avery Way.
“This runs from the back edge of the path on Avery Way to a
private area on the other side of the road.
“The council is working hard to ensure repairs are carried out
quickly on Medway’s roads, but this defect lies within the private
area of Queensway and any repairs are therefore the responsibility
of the owners.”
The housing developer which built the homes in Queensway went
into liquidation before the road was finished so the land
transferred to The Crown Estate.
But David has been sent a letter from solicitors representing
The Crown Estate, which denies responsibility.
The letter states that The Crown Estate cannot undertake any
steps to repair or carry out remedial work.
He said: “It is so frustrating – it can’t go on. I just want it
to be fixed.
“I’m crippled because of the fall. I had surgery to fit a screw
in my knee and I have titanium wires holding my tendons
together.
“The pothole is outside a doctor’s surgery and near a retirement
village.
“My biggest fear is that an elderly person will fall and never
recover.”
01/02/13
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