Divergence On The Proximity Test For "Nervous Shock"– Will It Last?

In 2022, the Court of Appeal in Sheehan v Bus Éireann¹ delivered a helpful judgment re-stating the criteria for plaintiffs bringing claims for nervous shock. The Court affirmed the High Court judgment awarding damages to a woman who had come across the body of a driver at the scene of an accident between a car and a bus. The car she was driving was struck by debris from the crash.

Mr Justice Noonan noted that Irish law, "at least to date",²gives no consideration to any criteria which differentiates between victims of a primary or secondary nature. He added that even if the distinction was recognised in this jurisdiction, this Plaintiff would have recovered as a primary victim due to her collision with debris, which put her at risk of physical injury.