The High Court awarded Sandra Purcell €225,150 in damages after finding that learning of her son’s death in a 2009 road accident caused her severe depression.
Mr Justice Barr gave the award on 15 May 2015 in a personal injuries action against Anthony Long. The judgment said the accident happened on 26 October 2009. Mr Long’s vehicle travelled onto the wrong side of the road, causing a collision in which Ms Purcell’s son, Leigh Salkeld, and another male occupant died.
Ms Purcell’s case was that the accident caused an acute stress reaction and severe depression. She told the court that after being informed of her son’s death, she became profoundly distressed, later returned to live with family in the United Kingdom, and required psychiatric treatment and medication. She said her life had changed and that she could not see her granddaughter in Ireland as often as she wished.
Psychiatrists called by both sides described a history of depression before the accident and said Ms Purcell was vulnerable to further episodes. The plaintiff’s psychiatrist considered that the depression after her son’s death was much more severe than before and that she would need medication long term. The defendant’s psychiatrist also said the bereavement exacerbated her depression, while noting she remained at risk of recurring depression even if the accident had not happened.
The judge found that Ms Purcell suffered a severe nervous shock reaction when told of her son’s death, followed by severe depression. He accepted that her prior psychiatric history left her vulnerable to further injury. The judgment said her symptoms were expected to remain for the foreseeable future and that she would require medication for the rest of her life. It also found she would be unfit for open-market employment, although she was able to do volunteer work with flexibility from the charity.
The court awarded €125,000 in general damages to date, €100,000 for future general damages and €150 in special damages, making a total of €225,150. The judgment records the damages award; it does not set out any further order in the supplied text.