A woman who watched in horror as her husband reversed through the safety barrier of a Haymarket car park, plunging nine metres to his death, has won the right to millions of dollars in damages for "complete and ongoing psychiatric collapse".
Thomas Lee, 34, an IT specialist, was reverse parking on the second storey of the Carlton Crest Hotel car park in March 2006 when he crashed through a steel barrier.
He suffered fatal injuries when his car flipped, landing on its roof.
On Friday, the NSW Supreme Court found that, as the owner and operator of the car park, Carlton was negligent because it was aware of numerous problems resulting from poor construction and maintenance of the concrete wheel stops and metal perimeter railing.
The City of Sydney council was also found negligent for certifying the car park for commercial use because the railing, which was used as edge protection, failed to comply with Australian standards
Justice Robert Beech-Jones said that, as a result of witnessing her husband's death, Michelle Lee suffered an "almost complete psychological collapse" affecting every part of her life, including her promising career as a speech pathologist.
She suffers from nightmares, flashbacks and anxiety attacks and has been diagnosed as having post traumatic stress disorder, extreme grief and major depression.
She has spent time in a psychiatric hospital and can only work part-time.
Justice Beech-Jones accepted that Ms Lee had not responded well to treatment in the eight years since her husband's death and her condition was "long-term and disabling".
"Ms Lee has suffered an almost complete and definitely ongoing psychiatric collapse from which her prospects of recovery are bleak."
Mr and Mrs Lee drove to the multi-level car park intending to meet relatives for dinner.
Finding a spot on the second level, Ms Lee alighted from the car while Mr Lee decided to reverse the car further into the car space.
The concrete wheel stop had not been installed properly and gave way. Mr Lee continued to accelerate when he did not get the tactile response he was expecting. The car hit the non-compliant railing and the barrier disintegrated, and the car fell off the edge.
The court found that, if the wheel stop had been properly installed or the perimeter fence had complied with the applicable standard, the car would not have fallen to the ground and he would have survived.
However, Justice Beech-Jones said any damages would be reduced by 20 per cent to account for Mr Lee's contributory negligence in pressing the accelerator.
Carlton will be liable for 75 per cent of the damages and the council 25 per cent, which will include at least $100,000 a year, $100 a week for domestic assistance, $53,000 for past expenses and $186,000 for future expenses.
The case will return to court next month to determine the exact amount of damages Ms Lee will receive.
