Court backs nurse on Careflight NSW flight
A former Careflight NSW nurse has successfully sued a flight operator for psychological injuries after a crash off Norfolk Island left her in a "pitiable condition".
Karen Casey and Dr David Helm took Pel-Air Aviation to court seeking damages after a CareFlight trip they were on crashed off Norfolk Island in November 2009.
The Supreme Court found in their favour on Friday, saying the pair were flung violently around in their seats and suffered injuries.
In handing down her judgment, Justice Monika Schmidt said Ms Casey had been particularly badly injured.
Ms Casey hurt her head, brain, neck, nerves, teeth, spine, knee, leg and shoulder.
She also suffers from major depression, an anxiety disorder and PTSD.
Describing Ms Casey's prognosis as "very poor", Justice Schmidt said "she has been deprived not only of fulfilling work and a long-term career, but her ability to care for her family and much of her enjoyment of life".
"She has been left by the crash in what must be described as a pitiable condition."
Pel-Air accepted the crash had been caused by the negligence of the pilot and co-pilot.
But it argued Ms Casey's PTSD was not compensatable under Civil Aviation Act as it was not a "bodily injury".
Justice Schmidt rejected this, finding Ms Casey's PTSD was a bodily injury as the ongoing effects of the physical damage to her body had adversely affected her recovery from the anxiety disorder, major depression and PTSD.
"They have all exacerbated the nature and severity of her PTSD; they continue to affect its treatment; and they have inhibited her recovery from that disorder," she said.
The court heard the six people onboard the plane when it crashed all survived.
After being thrashed about while on board the survivors all had to remain afloat in heavy seas, in the darkness, with no lights, no beacons or any form of communication.
They were rescued after some 90 minutes.
The parties will return to court next month.
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