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Driver sues for $1.5m after vehicle rollover

A Central Queensland man who had heart problems from pain killers required after a car crash is suing the alleged driver at fault for $1.5 million.

Damian Alexander Bonney, 50, has filed a damages claim in the Supreme Court in Rockhampton seeking $1.509 million following a crash near Tondoon Botanical Gardens at Gladstone on April 18, 2014.

The claim documents state Mr Bonney was driving his Nissan Nivara dual cab along Glenlyon Rd at about 5.30am when the accident happened.

He alleges the first defendant, Kane Perry Wirihana, was driving a Toyota Hilux at high speed behind Mr Bonney's Nissan in the same direction before moving to the right hand lane to overtake.

Mr Bonney claims a third vehicle was driven onto Glenlyon Rd from an adjacent car park, into the path of the overtaking Toyota.

He claims the Toyota driver swerved back into the left hand lane in which Mr Bonney was travelling along, with the front left of the Toyota striking the right rear of Mr Bonney's vehicle.

Mr Bonney claims this caused the Toyota to roll several times and caused major damage to his Nissan.

He claims the collision was caused by the negligence of Mr Wirihana by failing to keep any or proper lookout; driving at excessive speed; failing to drive in a safe manner; attempting an overtaking manoeuvre when it was unsafe to do so; and driving without due care and attention.

Mr Bonney sustained a chest injury, rib fractures, spinal injuries, soft tissue injury to his right shoulder and psychological issues.

He claims he also ended up having a myocardial infarction on October 19, 2017, as a result of the car crash injuries and taking large quantities of pain killers.

The Morning Bulletin contacted Mr Wirihana's insurer RACQ prior to publication, but the organisation declined to comment at this stage of the court proceedings.

The Bulletin was unable to locate Mr Wirihana.



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