A central Victorian man was granted permission by a County Court judge late last year to seek damages, following an accident that badly injured his wife, on the basis that it severely impacted him mentally and rendered him unable to work.
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The plaintiff, who the Bendigo Advertiser, has chosen not to name was a highly paid male executive working in an established company.
He met his spouse, who was described as 'the love of his life', in 1982 and they have been together ever since.
The plaintiff's wife, who was a doctor, was the victim of an accident that has left her with ongoing injuries.
Prior to the incident, the couple enjoyed success in their respective industries and were well regarded in the community.
On June 29, 2015 a car struck the woman while she was riding her bike, causing her to fall and hit her head. She suffered a crush fracture, a sacral fracture, and temporary post-traumatic amnesia.
The initial concussive injury was severe enough to rupture both of her breast implants, and whilst not diagnosed at the time, the woman also suffered an acquired brain injury (ABI) in the accident.
The woman's ABI left her impulsive, irritable and with personality change. She fatigues very easily, and while able to maintain a good demeanour in public, in general at home she is extremely irritable, and can be aggressive and difficult.
Judge Andrew Fraatz said the accident and its aftermath had been difficult for the entire family, but in particular for the plaintiff who had been left traumatised and had to manage his wife's ABI. Despite her ABI, the plaintiff remained devoted to his wife.
The judge said the plaintiff suffered from a Major Depressive Disorder. He has been treated by his psychiatrist since 2018 with a post-traumatic type anxiety disorder, characterised by tears and irritability.
The plaintiff remains under the care of a psychiatrist and psychologist, and takes medication. His sleep is interrupted.
"It is, in my view, a matter of great significance for a person to be denied, seemingly for the rest of his life, the ability to enjoy uninterrupted sleep," the judge said.
In early 2016, the plaintiff's employer notified him that he was being made redundant, which came into effect in late 2016. It was around this time that he first consulted his GP, regarding concerns about his mental health.
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Judge Fraatz said the plaintiff's redundancy was a source of distress for him and the plaintiff himself said he felt a lot of grief over the loss of his position.
The plaintiff sought leave to commence proceedings for common law damages on the grounds that he suffered a severe long-term mental or behavioural disturbance or disorder as a consequence of the transport accident his wife had in 2015.
The Transport Accident Commission (TAC) submitted that the plaintiff's condition was largely in remission, it didn't cause severe consequences, and it was not caused predominantly by the transport accident.
The judge said the central issue in the case was causation - whether his wife's transport accident or the plaintiff's redundancy caused his Major Depressive Episode.
According to the TAC, the plaintiff's condition was in part caused by the transport accident, and that another cause was the disappointment of his redundancy, which had a significant effect on him.
Judge Fraatz concluded that the plaintiff suffered a Major Depressive Disorder predominantly as a result of the transport accident his wife had in 2015.
He said the plaintiff's injury was "severe" and granted him leave to commence proceedings for damages in respect of injuries suffered from the transport accident.
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