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 …Keep reading