Local lawyer takes TAC head on
Sunraysia Daily 23.7.08A TRIAL to determine a compensation claim over the Cardross car accident in which six teenagers were killed could set a precedent for future civil action, according to the plaintiff's lawyer, Shane Ryan of Ryan Legal. However, Mr Ryan said yesterday that the remaining unsettled claims were all individual and complex and required detailed examination.
Mr Ryan has represented all parents of those killed in the February 2006 accident with the exception of one during claims for compensation, some of which have been settled before reaching court. However, the father of one of the victim's will challenge the Transport Accident Commission (TAC) in a civil trial listed for the week beginning August 25.
Stephen Weight, father of Stevie-Lee, 15, will next month seek what his lawyer described as "adequate compensation" for economic loss and pain and suffering following the accident.
Also killed in the accident were brother and sister Shane, 16, and Abby Hirst, 17, Cory Dowling, Cassandra Manners and Josie Calvi, all 16.
Thomas Graham Towle, 36, of Red Cliffs, was found guilty on six counts of dangerous driving causing death and four counts of dangerous driving causing serious injury.
He was sentenced to 10 years in jail with a minimum of seven, and is currently awaiting an appeal on sentence.
The claim by Mr Weight, who is suing Towle via the TAC as his insurer, will be the first civil action arising out of the Cardross car accident to reach court.
It is understood Mr Weight's compensation claim is one of 13 which remain outstanding from 51 claims, however several have yet to reach the mediation stage.
Mr Ryan said that TAC's offer was "unsatisfactory" although TAC claim to have offered Mr Weight a "substantial offer" which has been rejected.
"We had a week-long mediation with the TAC regarding a number of cases and some of them were settled, however we believed Mr Weight received an unsatisfactory offer and therefore we will proceed to trial," Mr Ryan said.
"Mr Weight's case has been listed for the week beginning August 25, however there are a number of major civil matters listed for the Supreme Court circuit during that sitting, so it is possible that it could be delayed until the following Supreme Court civil sitting in August next year," he said.
Mr Ryan said the trial, to be held before a judge alone, was likely to last four or five days.
Claimants can seek compensation for past and future economic loss as well as pain and suffering and loss of life enjoyment.
The maximum amount claimable through the TAC for economic loss is $982,560 and $436,680 for pain and suffering.
"We are not trying to claim for the loss of children -- they are worth infinity," Mr Ryan said.
"The claims are for injury and earning capacity the claimants have suffered as a result of the accident," he said.
"All of the cases are individual, complex and need to be prepared with high skill and an attention to detail."
"We are seeking adequate compensation in each individual case and in some instances that has been achieved.
"Unfortunately, that has not been possible in each claim and at least one of those matters will now be determined in a court of law."
Mr Ryan said some other compensation claims were not yet ready to proceed to mediation.
"Some of these matters could be continuing well into next year," he said.
"There have been issues that have arisen beyond the control of anyone so we can only deal with them when they are ready.
"We would all rather that happen sooner rather than later, however there are other external factors that may prevent that from being the case."