Carrier v Bonham

Case [2000] QDC 226


DISTRICT COURT OF QUEENSLAND

CITATION: Carrier v. Bonham & Anor [2000] QDC 226
PARTIES: KEITH DARRELL CARRIER (Plaintiff)
And
JOHN LLEWELLYN BONHAM (First Defendant)
And
STATE OF QUEENSLAND (Second Defendant)
FILE NO/S: Plaint D788 of 1998
DIVISION:
PROCEEDING: Trial
ORIGINATING COURT: District Court Brisbane
DELIVERED ON: 4 August 2000
DELIVERED AT: Brisbane
HEARING DATE: 10 – 14 April 2000
JUDGE: McGill DCJ
ORDER: Judgment that the first defendant pay the plaintiff $113,060.  Plaintiff’s claim against the second defendant  dismissed.  The first defendant’s claim for indemnity or contribution against the second defendant dismissed.
CATCHWORDS:

NEGLIGENCE – nervous shock – bus driver suffering psychiatric injury from suicide attempt – whether person attempting suicide liable – whether operator of hospital to which he had been admitted liable

NEGLIGENCE – standard of care – person of unsound mind – whether standard of care lowered

NEGLIGENCE – duty of care – hospital for mentally ill – duty to persons in vicinity to restrain dangerous patients

NEGLIGENCE – hospital for mentally ill – whether breach of duty to take reasonable care to control dangerous patient

NEGLIGENCE – hospital for mentally ill – whether duty to patient – whether breach of duty in failing to supervise more closely to prevent absconding

TORT – trespass – assault and battery – not committed to bus driver by person who deliberately steps in front of bus to commit suicide
TORT – trespass – defence – unsoundness of mind of defendant – not absolute defences – relevant to existence of intention

TORT – action on the case – intentional act causing harm – suicide attempt causing psychiatric injury to bus driver – whether actionable

TORT – intentional act causing harm – suicide attempt – whether unsoundness of mind a defence

MENTAL HEALTH – effect of mental illness on civil rights and duties – torts – trespass to the person – action on the case – negligence

Savignac v. Roome (1794) 6 TR 125; 101 ER 470 – cited
Wilkinson v. Downton [1897] 2 QB 57 – applied
Janvier v. Sweeney [1919] 2 KB 316 – applied
Bunyan v. Jordan (1937) 57 CLR 1 - applied
Nance v. British Columbia Electric Railway Co Ltd [1951] AC 601 – followed
Northern Territory v. Mengel (1995) 185 CLR 307 – cited Khorasandjian v. Bush [1993] QB 727 - cited
Sherry v. Dunwoody (Mackay Plaint 129/94, Wolfe DCJ, 7/8/98, unreported) – followed
A v. B’s Trustees (1906) 13 SLT 830 – followed
Blakeley v. Shortal’s Estate 20 NW 2d 28 (1945) - followed Rylands v. Fletcher (1868) LR 3 HL 330 – cited
Donoghue v. Stevenson [1932] AC 562 - cited
Burnie Port Authority v. General Jones Pty Ltd (1994) 178 CLR 520 – cited
Weaver v. Ward (1616) Hob 134; 80 ER 284 – cited
Mordaunt v. Mordaunt (1870) LR 2 P&D 103 – cited
Morriss v. Marsden [1952] 1 TLR 947 – followed
Donaghy v. Brennan (1900) 19 NZLR 289 – cited
Taggard v. Innes (1862) 12 Upp.Can.C.P. 77 – cited
Williams…

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Details
AGLC
Carrier v Bonham [2000] QDC 226
Case
[2000] QDC 226
Decision Date

CaseChat Overview and Summary

The case of Carrier v Bonham involved the plaintiff, a bus driver, who suffered psychiatric injury after a passenger, Bonham, attempted suicide by stepping in front of the bus. The plaintiff sought damages from both Bonham and the hospital to which Bonham had been admitted. The key legal issues revolved around whether the person attempting suicide could be held liable for the psychiatric injury suffered by the bus driver, whether the hospital owed a duty of care to the bus driver, and whether the standard of care was lowered for a person of unsound mind. The court also had to consider whether the hospital breached its duty to control dangerous patients and whether the hospital owed a duty to the bus driver to prevent him from absconding.

The court ruled that the person attempting suicide was not liable for the psychiatric injury suffered by the bus driver, as it was not an intentional act causing harm. The court held that the unsoundness of mind of the defendant was relevant to the existence of intention but not an absolute defence. The court further found that the hospital did not owe a duty of care to the bus driver to prevent the suicide attempt, as the bus driver was not in the vicinity of the hospital at the time of the incident. The court also held that the hospital did not breach its duty to control dangerous patients or owe a duty to the bus driver to prevent him from absconding. The court dismissed the plaintiff’s claim against the hospital and the first defendant’s claim for indemnity or contribution against the second defendant.

The final orders of the court were that the first defendant, Bonham, pay the plaintiff $113,060, and that the plaintiff’s claim against the second defendant, the hospital, be dismissed. The first defendant’s claim for indemnity or contribution against the second defendant was also dismissed. The court found that the hospital did not owe a duty of care to the bus driver and that the bus driver’s psychiatric injury was not caused by the hospital’s negligence. The court also found that the person attempting suicide was not liable for the psychiatric injury suffered by the bus driver, as it was not an intentional act causing harm.

Orders

Orders of the court

Judgment that the first defendant pay the plaintiff $113,060. Plaintiff’s claim against the second defendant dismissed. The first defendant’s claim for indemnity or contribution against the second defendant dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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