On 25 November 2016, Ms Wendy Ivers witnessed a motor vehicle accident in which a motor vehicle driven by Mr Shahid Mehdi struck a pedestrian in a shopping centre underground carpark.
Ms Ivers commenced proceedings in the Supreme Court of the Australian Capital Territory, in negligence and claimed damages for psychological injury; she claimed was caused by witnessing the accident.
His Honour Burns J found that as someone who witnessed at least part of the accident, who was present at the scene and ran to provide assistance to the pedestrian, Ms Ivers falls within the class of persons whom Mr Mehdi should have foreseen may suffer a recognised psychiatric injury if he negligently collided with a pedestrian. 
Further, Mr Mehdi owed Ms Ivers a relevant duty of care not to cause her mental harm by reversing the car without reasonable care. He breached that duty when he reversed the car without reasonable care, striking the pedestrian. The duty of care owed to Ms Ivers is not negated by the terms of s 34 of the Wrongs Act (2002) ACT. 
Accordingly, Burns J found in favour of Ms Ivers and awarded damages in the total sum of $176,312.43: Ivers v Mehdi  ACTSC 112.