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A father who spent five years fighting the council for compensation for his disabled step-daughter has died before the court could return its verdict.
David Woolfries had a heart attack just four days after giving evidence when the case came before Maidstone County Court last month, and subsequently passed away on July 13.
District judge Susan Sullivan was set to rule on Friday, but instead adjourned the hearing after receiving the news. His funeral was held the day before.
The retired draughtsman, who was 77 and lived in Union Street, Maidstone, with his wife Edna and step-daughter Julia Knight, had been suing Maidstone Borough Council.
The case was brought after Miss Knight fractured her arm in a fall when she misjudged the step down from the kerb at a bus stop in King Street.
She was taken to hospital and her arm put in plaster for three months, leaving her unable to bathe herself or cut up food.
The paving had recently been revamped as part of a £2m regeneration scheme and was made from the same material used in the lay-by itself.
Mr Woolfries, who spent five years locked in a legal wrangle with the council’s insurers, argued the kerb was not easily visible and the design dangerous.
Following the works there were 41 reports of trips and falls in the High Street area.
Yellow lines were painted by the kerb shortly afterwards and the granite lay-by later replaced with asphalt.
Now Mr Woolfries’ friend David Savory has applied to take the case forward on behalf of Miss Knight, who has severe learning difficulties and autism and cannot represent herself.
Mr Savory said: “David was not fighting this for compensation - it was the lowest amount you can claim for in a court - it was to make the council understand its responsibilities.
"I want to continue the work he has done.”