Jaensch v Coffey

The High Court of Australia considered an appeal from a judgment of the Supreme Court of South Australia in a matter involving the appellant, Jaensch, and the respondent, Coffey. The dispute arose from a motor vehicle accident in which the respondent's husband was killed. The respondent, as the widow of the deceased, brought an action against the appellant, alleging that the appellant's negligent driving caused the accident and her husband's death. The respondent also claimed damages for nervous shock suffered as a consequence of witnessing the aftermath of the accident.

The central legal issues before the High Court were whether the respondent had established a duty of care owed to her by the appellant, and if so, whether the appellant's negligence had caused the respondent's psychiatric injury. Specifically, the Court had to determine the scope of the duty of care owed by a driver to persons who might suffer psychiatric harm as a result of witnessing the aftermath of an accident caused by that driver's negligence, and the principles governing the recovery of damages for nervous shock in such circumstances.

The High Court, in a joint judgment, affirmed the principles established in *Dillon v Balfour* and *Rowe v McCartney*, holding that a duty of care may be owed to a plaintiff who suffers psychiatric injury as a result of witnessing the aftermath of an accident, even if they were not present at the scene of the accident itself. The Court reasoned that foreseeability of harm to a person of normal fortitude in the plaintiff's position was a key element. The Court found that the appellant's negligence was a cause of the respondent's psychiatric injury, and that the respondent's proximity to the event, both in time and space, and her relationship to the victim were sufficient to establish a duty of care. The Court also considered the nature of the psychiatric injury, finding it to be a recognised psychiatric illness.

The High Court dismissed the appeal, upholding the decision of the Supreme Court of South Australia.