A Corrimal Village worker who claimed "psychiatric injury" following the death of a man at the shopping centre was awarded $1.2 million in compensation by the District Court.
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On October 26, 2020, a man was fatally run over by a semitrailer at the centre's northern loading dock.
Andrew Hodson was employed as a cleaner with labour hire company Hurex, working at host employer Lederer's Corrimal centre - both of whom were named as defendants in the case.
He was not due to start work until later that afternoon but was called in early, arriving at the scene the same time as police and ambulance.
"The plaintiff looked towards the body and saw the victim's injuries, which included his face being squashed and his brain matter visible," Mr Hodson's statement of claim read.
However CCTV footage showed the body was covered by the time Mr Hodson arrived on the scene.
He alleged such exposure put him at "a foreseeable risk of harm of developing a psychological injury and entrenching and/or worsening any ... pre-existing condition".
He claimed he was told to return to the accident site at least twice that day, where police tape was still set up.
Hodson said he went to his doctor for treatment and suffered flashbacks to the incident until at least May 2021, while also being prescribed medication to treat post-traumatic stress disorder.
In June 2021 he reported a range of "severe PTSD symptoms" to a doctor, including flashbacks, nightmares, panic attacks and an exaggerated startle response.
The court also heard he had previously been suffering anxiety and depression.
Lederer's legal representatives said the diagnoses of PTSD presented to the court should be ignored because the doctors did not give evidence in person and therefore could not be cross-examined.
They also contended their diagnoses was based on an "incorrect history as to the extent of the plaintiff's exposure to the aftermath of the accident, and more particularly, the plaintiff's alleged exposure to the victim's injuries".
District Court Judge William Fitzsimmons said he was satisfied that "on the balance of probabilities" Mr Hodson was suffering from PTSD as a result of the exposure to the accident site and he did not accept Lederer's submission that he had to have seen the victim's injuries first-hand.
Judge Fitzsimmons found Mr Hodson was "given no instruction, direction or advice as to the manner in which he was to deal with any particular medical emergency, or catastrophic event that might occur whilst performing his duties at the shopping centre".
He found both Hurex and Lederer breached their duty of care to Mr Hodson. He apportioned 85 per cent of the liabilty to Lederer and the remainder to Hurex.
Lederer had also lodged a cross-claim against Hurex looking for indemnity or contribution from the labour hire company, which Judge Fitzsimmons ruled in favour of.
In terms of damages, Judge Fitzsimmons awarded a total of $1.2 million - $655,989 from Lederer and the remainder from Hurex.
Glen Humphries
I'm an award-winning senior journalist with the Illawarra Mercury and have well over two decades' worth of experience in newspapers. I cover the three local councils in the Illawarra for the Mercury, state and federal politics, as well as writing for the TV guide. If I'm not writing, I'm reading.
I'm an award-winning senior journalist with the Illawarra Mercury and have well over two decades' worth of experience in newspapers. I cover the three local councils in the Illawarra for the Mercury, state and federal politics, as well as writing for the TV guide. If I'm not writing, I'm reading.
