[Peetwo]

Kaz Casey finality but maybe not closure on PelAir?? -

Finally Karen can turn the page on her compensation claim against PelAir - yeehah!

Via the ABC online (ps also mentioned in ABC 7pm news... ):

Former nurse awarded $5m in damages after Norfolk Island plane crash

By court reporter Karl Hoerr
Posted 10 May 2017, 4:23pmWed 10 May 2017, 4:23pm



Photo: Rita De Brouwer (left), her daughter Karen Casey and Ros Everett said the case took a toll on them. (ABC News: Karl Hoerr)


A former nurse who was seriously injured in a plane crash near Norfolk Island in 2009 has been awarded more than $5 million in damages.

In March, the operator of the medical evacuation flight, Pel-Air Aviation, successfully appealed against an earlier ruling that Karen Casey's post-traumatic stress disorder (PTSD) should be included in the payout.

Despite PTSD being excluded, the new payout of $5.2 million exceeds the previous order by more than $300,000.

Ms Casey has been ordered to pay half the costs of Pel-Air's appeal.

The plane ditched into the sea with low fuel and Pel-Air accepted the crash was caused by the negligence of the plane's pilots.

The company agreed it was liable for Ms Casey's physical injuries, which were significant, but fought against the inclusion of PTSD.

In its March ruling, the NSW Court of Appeal said even though there had been "biochemical changes" in Ms Casey's brain caused by her PTSD, there was no evidence her brain had physically changed.

The PTSD therefore did not meet the definition of "bodily injury" in the Montreal Convention, which governs aircraft accident compensation internationally.

"Unfortunately, the word 'bodily injury' doesn't describe PTSD, the evidence isn't there, but we all know that it's real," Ms Casey said outside court.

"It's been a very long process and I'm really happy that it's done."

Ms Casey's lawyer Ros Everett said it was a challenge taking on a case about aviation, which she had no prior experience in.

"I saw Karen was so deeply affected by this, physically and emotionally, and I thought she deserved justice," she said.

She said even though they had a loss on the PTSD issue, it might not be the end of the matter.

"I fully believe that this issue will be ventilated again in court very soon," Ms Everett said.

"I think we've opened the doors and paved the way for further cases in this area of aviation law."

The weight now lifted off Karen's shoulders must feel in some ways overwhelming - go you good girl go...

However somehow I don't think this will be last we hear from Kaz Casey in this space...

Who was it that once said?

“Just stop the B.S & tell the truth.” 


MTF...P2