State of New South Wales v Skinner [2022] NSWCA 9

State of New South Wales v Skinner [2022] NSWCA 9

The Police Force breached its duty of care by failing, after May 2007, to arrange a thorough mental health assessment of Ms Skinner when it knew or should have known of her depressive condition and resistance to returning to general duties. That breach caused or exacerbated her major depressive disorder, but the evidence did not establish that a 2007 assessment would probably have diagnosed PTSD or that the prospect of returning to general duties materially worsened PTSD. The 40% contingency reduction for non-tortious causes was proper, but the 10% contributory negligence reduction was not supported because the psychologist should have clarified Ms Skinner's PTSD symptoms and Ms Skinner...

Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Appeal and Cross Appeal From District Court Work Injury Damages Judgment / Court of Appeal Decision
Outcome
Appeal dismissed; cross-appeal allowed in part.
Legal Topics
['vicarious Liability of the State for Police Officers' 'employer Duty of Care' 'psychiatric Injury' 'major Depressive Disorder' 'post Traumatic Stress Disorder' 'breach of Duty' 'reasonable Foreseeability' 'causation' 'contributory Negligence' 'assessment of Damages' 'pre Judgment Interest on Work Injury Damages']
['negligence' 'workers Compensation' 'employment Law'] ['vicarious Liability of the State for Police Officers' 'employer Duty of Care' 'psychiatric Injury' 'major Depressive Disorder' 'post Traumatic Stress Disorder' 'breach of Duty' 'reasonable Foreseeability' 'causation' 'contributory Negligence' 'assessment of Damages' 'pre Judgment Interest on Work Injury Damages']

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Procedural Posture

Appeal and Cross Appeal From District Court Work Injury Damages Judgment / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether the Police Force breached its duty of care to Ms Skinner by failing to conduct a thorough mental health assessment after May 2007.' 'Whether psychiatric injury to Ms Skinner was reasonably foreseeable.' "Whether the breach of duty caused Ms Skinner's major depressive disorder and/or post-traumatic stress disorder." 'Whether non-tortious psychiatric and physical conditions were properly taken into account by reducing damages for contingencies.' 'Whether Ms Skinner was contributorily negligent by failing to report or disclose symptoms.' 'Whether Ms Skinner was entitled to pre-judgment interest on damages under the Workers Compensation Act 1987 (NSW).']

Ratio Decidendi

The Police Force breached its duty of care by failing, after May 2007, to arrange a thorough mental health assessment of Ms Skinner when it knew or should have known of her depressive condition and resistance to returning to general duties. That breach caused or exacerbated her major depressive disorder, but the evidence did not establish that a 2007 assessment would probably have diagnosed PTSD or that the prospect of returning to general duties materially worsened PTSD. The 40% contingency reduction for non-tortious causes was proper, but the 10% contributory negligence reduction was not supported because the psychologist should have clarified Ms Skinner's PTSD symptoms and Ms Skinner...

Court Disposition

Appeal dismissed; cross-appeal allowed in part.

Orders

  • ['Dismiss the appeal by the State of New South Wales filed on 4 June 2021.' 'Set aside the judgment entered in the District Court on 9 April 2021.' 'In lieu thereof, enter judgment for Kristen Skinner against the State of New South Wales in the amount of $857,948.' 'Direct that the judgment take effect from 9 April...