By David Gazet and Claire McWethy

Maidstone Council did not breach its duty of care to a disabled woman who fell from a refurbished kerb, fracturing her hand, a judge has ruled.

Julia Knight, who had serious learning difficulties and autism, misjudged a step when crossing King Street from a lay-by with stepfather David Woolfries in 2012, just after the pavement’s edge was raised and covered with granite as part of a £2m town centre regeneration project.

Mr Woolfries, 77 and of Union Street, launched a compensation claim arguing the kerb was not easily visible and the design dangerous.

Miss Knight's arm was in plaster for three months, leaving her unable to bathe herself or cut up food after the accident.

Settling the two-year battle at Maidstone County Court today, district judge Susan Sullivan accepted the council’s evidence the new layout was not hazardous.

She was due to rule last month but adjourned the hearing after receiving the news Mr Woolfries had died of a heart attack four days after giving evidence.

At July's hearing Mr Woolfries alleged the kerb exactly matched the paving on the lay-by, making it difficult to differentiate the two. He added the council had a heightened duty of care for his stepdaughter because of her disability.

But project manager John Foster told the court the layout was safe despite 41 reports of trips and falls following the works.

He said about a million people use the area every month, and the falls were because people were still getting used to the new layout.

After receiving about 15 reports of accidents in the area, Mr Foster asked for double yellow lines to be painted at the kerb edge.

It was claimed later, when concerns were raised by the council’s insurers amid the threat of 14 legal claims, MBC replaced the granite in the lay-by with asphalt, which seemed to solve the problem.

In addition, a focus group had not raised any objections to the regeneration during the consultation and the three safety audits carried out by MVA Consultancy before, during and after the project did not identify any safety issues at the lay-by.

Agreeing with the council, Ms Sullivan said it was clear no party was to blame for the accident.

She said:“As I have said Mr Woolfries was very honest, he knew about the kerb, he knew what was coming. He was supporting Miss Knight but she was too quick for him, stepped ahead of him and fell in what in my judgement was simply an unfortunate accident that many of us suffer.”

However the judge criticised Maidstone Borough Council's handling of Mr Woolfries' complaint, which saw letters not responded to for many weeks, if at all.

District judge Susan Sullivan said: “There is one point I feel I should refer to and that is the situation with the complaints Mr Woolfires made about how he was treated by the defendant.

“It seems to me he should have at least had the courtesy of a response in a reasonable time. It is not a particularly impressive case of customer care or service for a resident to be on the receiving end of.”

Mr Woolfries’ friend David Savory took the case forward after his death. After an earlier hearing he told Kent Online: “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.”

Addressing the court today, he said he would be making a report to the Solicitors Regulation Authority about the council's lawyers DAC Beachcroft, who he said threatened the family with costs.

The case is covered by qualified one-way costs shifting (QOCS). These measures prevent defendants from recovering their costs from claimants in the event they defeat a personal injury claim.

DAC Beachcroft has been approached for comment.

Alison Broom, chief executive of Maidstone Borough Council, said: “We are satisfied with today’s judgement which concludes a long-running case.

"As a council we remain committed to providing a clean and safe environment for our residents and visitors and the verdict today shows we acted in an appropriate manner when regeneration works took place in King Street.”