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TSIRAGAKIS v MALLET

|Beach, Kennedy and Kaye JJA
77 VR 324
TSIRAGAKIS v MALLET Court of AppealBeach, Kennedy and Kaye JJA 28 May, 17 June 2025[2025] VSCA 134NegligenceDuty of carePsychiatric injuryAttempted suicide by employeeCo-worker Witnessed aftermath of attempted suicideEmployee who had attempted suicide no longer at scene of incidentWhether employee attempting suicide owed duty of care to co-worker to take reasonable care to avoid co-worker sustaining psychiatric injury from witnessing the aftermath of the attemptCounty Court Civil Procedure Rules 2018 (Vic), r 47.04.

T sued her employer and M, a co-worker, for negligence, seeking damages for psychiatric injury sustained as a result of attending the scene of an incident after M had attempted suicide by driving her motor vehicle into a power pole. The parties agreed to the trial, on agreed facts only, of a preliminary question of whether M owed T a duty of care. The trial judge held that T had not established that M owed her a duty of care and dismissed the proceeding as against M. T sought leave to appeal.

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77 VR 324

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