Husband succeeds on causation over wife’s death on appeal

On 20 August 2004, the plaintiff's partner was fatally injured when the car she was driving ran off the road and hit a tree at Kingsvale in New South Wales. Harden Shire Council (Council) was at that time carrying out road works on the section of road where the accident occurred.

The plaintiff sued Council in negligence for damages arising from nervous shock and for dependency under the Compensation to Relatives Act 1897 (NSW). He alleged that the accident was caused by loose gravel on the road surface and that Council failed to provide adequate signage to indicate that the road had been resurfaced and that motorists should reduce their speed.

In this Alert, Senior Associate Brooke Jacobs and Solicitor Hannah Staunton discuss the case and summarise key points from the judgment.