In previous posts (click
here and
here), we discussed the trial and appeal decisions in Casey v. Pel-Air
Aviation Pty (Supreme Court of New South Wales, Australia).
The issue to be determined was whether Ms. Casey could recover
damages for Post-Traumatic Stress Disorder (PTSD). Because Ms.
Casey had been travelling internationally at the time of the
subject aircraft accident, her claim was exclusively governed by
the Montreal Convention, an international treaty. The Montreal
Convention only allows for the recovery of damages for "bodily
injury" (i.e. physical injury) and not purely mental
injury.
Contrary to prior jurisprudence, the trial court in
Casey accepted that Ms. Casey's PTSD could be a
"bodily injury" in that it was an injury to her brain
because it involved changed patterns of neurotransmitter activity
and chemical changes. In a unanimous decision, the appeal court
then overturned the trial court's ruling and found that while
"bodily injury" does not
