Facts
- Following an accident, the claimant made an insurance claim
- the police erroneously filled out her blood alcohol reading
- Although the insurance company paid out, the error caused significant mental injury to the claimant
Issue
- Could there be a mental injury claim against the police for this error
Decision
- No liability
Reasoning
- Not foreseeable that a mistake on a form could cause such injuries
- A police officer’s primary function of filling the form in was to give to his superior officers
- Primary/Secondary victim classifications disregarded in favour of foreseeability alone; if there is a relationship
