Daria and her lover, Tom, were crossing the road on a pedestrian crossing when Tom was hit and killed by a car being negligently driven by Steve. The car missed Daria by inches. Since the incident Daria has had frequent nightmares and has been unable to return to work.
Harry, a policeman patrolling the area, witnessed the incident and went to try to help Tom, but quickly realised that Tom was already dead. This was Harry’s first day back at work following six months recovering from psychiatric illness caused by the distressing nature of his job. As a result of seeing Tom’s injuries Harry has now suffered a return of the psychiatric damage which now appears permanent.
Samira, a civilian worker in police traffic control, was watching a TV monitor which showed the road as the incident occurred. Samira recognised Tom as her husband whom she had not seen since the day, six months before, when he had left her and gone to live with Daria. Samira had always believed that, one day, he would return to her. She has suffered post-traumatic stress disorder since the incident.
Consider the legal principles influencing the likelihood of any successful action against Steve for negligently inflicted psychiatric damage..
