A public servant has been awarded more than $176,000 in damages after she witnessed a pedestrian get hit by a car at Canberra Outlet Centre.
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An ACT Supreme Court judgment, published on Wednesday, said Wendy Lee was diagnosed with post-traumatic stress disorder (PTSD) after she witnessed the incident.
The judgment said Ms Lee had received good news about her breast cancer's remission on the morning of November 25, 2016, and later got her car washed at the Star Car Wash at the outlet centre's underground car park. She was 59 years old at the time.
When she got back into her vehicle, she heard somebody "screaming for help" and looked over to see an elderly man's head and arm protruding from under a Ford ute in a car wash bay. The judgment said Ms Lee waved her arms for the ute's driver stop, and ran over to help the injured man, who she believed was dead.
The man moaned and she and the driver of the ute, Shahid Hussain Mehdi, helped him get to his feet. The man's legs gave way and he fell to the ground. He was later hospitalised but survived the accident and did not appear to suffer any significant trauma, the judgment said.
Justice John Burns on Tuesday found that the driver of the ute, who was an employee of the Star Car Wash, owed Ms Lee a "relevant duty of care not to cause her mental harm by reversing the Ford without reasonable care".
He accepted that Ms Lee had a "pre-existing vulnerability" to developing PTSD because of prior mental health issues. But, that vulnerability didn't negate the fact she was diagnosed with the disorder as a consequence of the ute driver's "negligence", he said.
Justice Burns said Ms Lee's work performance and social life had deteriorated after she witnessed the accident.
"I am perfectly satisfied that the plaintiff developed PTSD after the accident and that the accident made a substantial contribution to the development of that condition," he said.
"As someone who witnessed at least part of the accident, who was present at the scene and ran to provide assistance to [the victim], the plaintiff falls within the class of persons whom the first defendant should have foreseen may suffer a recognised psychiatric injury if he negligently collided with a pedestrian."
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Justice Burns ruled in favour of Ms Lee against the defendants in the matter, which were Mr Mehdi and the ute's compulsory third party insurer. He awarded Ms Lee $176,312 in damages to account for $100,000 in non-economic loss and nearly $5000 in interest, among other things.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
