Couple file $1m lawsuit after drink driver hit their home
A ROCKHAMPTON couple are suing a drink driver for more than $1 million after he drove them down on the road and struck their home in Emerald in 2017.
Shannyn Swallow, now 31, and Abraham Douglas, now 30, of Berserker are suing John Stacey and his insurer, Allianz Australia Insurance.
The pair are claiming damages for negligence in the driving of a motor vehicle driven by John Stacey where they suffered personal injuries loss and damage.
The statement of claim details the incident occurred on August 16, 2017 around 4.30pm at Shannyn and Abraham's home on Wilby St, Emerald.
It is claimed Shannyn and Abraham were inside the home with their three young children and Shannyn's father.
Abraham and Shannyn's father heard a verbal altercation outside and went to investigate.
John allegedly then go in the drivers seat of a Holden Commodore and drove it towards Abraham and Shannyn's father and John's wife, who is also Shannyn's sister and their child.
It is claimed Abraham and Shannyn's father had to "take emergency evasive action" to avoid themselves and the other wife and child from being hit.
John allegedly then drove the vehicle into the house, where Shannyn was with the three children, and he hit a wall adjacent to where they were sitting.
According to the statement of claim filed at the Supreme Court details, the incident was caused solely by the negligence of John as he failed to keep a proper look out, keep his vehicle under any proper control, to stop and driving the vehicle under the influence of alcohol and deliberately tried to bring his vehicle into collision with persons.
At the time, John was charged by police with one charge of dangerous operation of a vehicle adversely affected by intoxicating substance, one charge of wilful damage, one charge of drive while under the influence and one charge of driving of motor vehicle without a driver's licence disqualified by court order.
He was sentenced on December 20,2017 and was found guilty of the four charges, along with seven other charges from other matters.
With 126 days of pre-sentence custody taken into account, he was given a parole date of March 16, 2018.
He was also disqualified from obtaining or holding a drivers licence for five years, from 20 December 2017.
And he was ordered to pay $4930.60 restitution.
Both Shannyn and Abraham claim they suffered a psychiatric injury and post-traumatic stress disorder from the Emerald incident.
Shannyn is claiming $921,517.70 for loss and damages, including $726,970 for future and past economic income loss.
Abraham is claiming $256,889 for loss and damages.
It is detailed he was off work for a significant period of time following the accident.
Shannyn and Abraham both claimed they were forced to get medical and associated treatment and will require further treatment in the future, however the injuries are not detailed in the claim.
The claim was filed in the Supreme Court at Rockhampton on January 6, 2020.
A defence has not yet been filed.