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Roman Painted House Trust, New Street, Dover, delighted over claim loss

By: Victoria Chessum

Published: 00:00, 15 April 2014

Updated: 11:40, 15 April 2014

The Roman Painted House Trust has expressed relief that a Dover woman lost her £300,000 claim against the charity.

Lisa Driver, 47, of Colton Crescent fell over a wall at the Roman site in New Steet after looking for somewhere to urinate after an evening of drinking in nearby pubs.

She suffered a skull fracture which left her with epilepsy after landing at the bottom of the moat.

The Roman Painted House, New Street.

The mother-of-two has no recollection of the accident in the early hours of July 15, 2007.

Since the incident, Ms Driver has since racked up a £1million damages action.

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On Friday, Judge John Leighton Williams, at the High Court in London, said Mrs Driver was a trespasser in law and rejected her claim that the site was dangerous.

He added that, even if he had decided in her favour on liability, he would have found a higher than 50% degree of contributory negligence on her part.

Dover Roman Painted House Trust and Dover District Council denied liability for Mrs Driver’s injuries, claiming that she was a trespasser and the author of her own misfortune.

Secretary, Edna Mynott said in a statement issued today: "We are delighted with the verdict for it brings to an end five years of stress, legal threat and considerable extra work.

"This is a victory for working volunteers, for Dover and for common-sense.

"While we are sorry that the local woman suffered an injury we feel her claim for £300,000 against our charity was totally unacceptable. - Edna Mynott

"The evidence clearly showed that she and her friend entered the site in the middle of the night after several hours of drinking vodka in three local pubs.

"While we are sorry that the local woman suffered an injury we feel her claim for £300,000 against our charity was totally unacceptable.

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"The judge considered that she had climbed over a strong boundary wall to relieve herself and then fallen."

There had been no other accidents since the 3ft wall - which was in good condition, painted white and readily visible - was built almost 40 years ago, although an estimated 650,000 visitors had passed through the site during that time.

It is understood Mrs Driver was on a no-win, no-fee costs arrangement.

See full details of the court case in this week's Mercury, out tomorrow.

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