Cottee v Eastern Australia Airlines Pty Ltd
[2022] QDC 112 · Barlow QC DCJ
Jacinda Cottee was a commercial airline pilot working as First Officer when one of the aircraft's engines failed mid-flight in March 2018 due to a cracked turbine blade. She landed safely but developed post traumatic stress disorder. She lodged a workers' compensation claim and later, through solicitors, wanted to sue the companies responsible for building and maintaining the engine. The problem was she could not work out which companies were responsible until documents came to light after the three-year limitation period had almost expired. She asked the court to extend the deadline so she could sue the engine maker (Rolls Royce) and two Cobham maintenance companies. The court decided that, given her psychiatric condition and the fact the responsibility of each company was hidden until late correspondence and a contract surfaced at the hearing, she had not known the key facts in time. The court also found she had an arguable case against each company. It extended the limitation periods, letting her claims proceed.
Incident & injury
Mid-flight engine failure on Boeing 717-200 due to cracked turbine blade; aircraft landed safely on one engine; applicant suffered psychiatric injury
- Body regions
- Psychiatric
- Diagnoses
- Post-Traumatic Stress Disorder
- Incident date
- 10 March 2018
- Location
- In-flight, Qantaslink flight Alice Springs to Brisbane
Quick facts
- Date of judgment
- 24 May 2022
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Commercial airline pilot (First Officer) Professional
Outcome
The applicant, a commercial pilot who suffered PTSD from a mid-flight engine failure, was granted an extension of the limitation period under s 31(2) of the Limitation of Actions Act 1974 to commence proceedings against three respondents (Cobham entities and Rolls Royce), the court finding she did not know, and had no means of knowing, the identity of the parties responsible for maintaining the aircraft and engines until within the last year of the limitation period.
Key issues
Cottee v Eastern Australia Airlines Pty Ltd [2022] QDC 112
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Learn more about public liability claims and psychological injury claims in Queensland.