Negligent Driver Not Liable For Passenger´s Suicide

By Janine Oberhardt, Solicitor

In the recent decision of Sarkis v Summit Broadway Pty Ltd(1) , the New South Wales Court of Appeal was asked to consider whether the negligent driver of a motor vehicle and the CTP insurer could be held liable in damages for the subsequent suicide of a passenger who had suffered an injury in the subject accident.

The subject motor vehicle accident occurred on 5 June 2001. The deceased, Sidney Beer, was a passenger in a motor vehicle which was struck from behind by a motor vehicle driven by the appellant. As a result of that motor vehicle accident, Mr Beer suffered a whiplash injury to his neck. As he was working at the time of the subject accident, he claimed worker's compensation benefits and was paid medical and rehabilitation expenses in connection with the whiplash injury. Some six months later, Mr Beer committed suicide.