Dad sues late wife for $2.3million after horror crash killed their four children

A dad has sued his late wife for $2.3 million after a horrific crash killed their four children.

James McLeod is still looking for answers after the death of his four kids - Aaleyn, six, Matilda, five, Wyatt, four, and Zaidok, two – in May 2019.

They were killed in a car with McLeod’s former partner Charmaine McLeod, 35, who had been driving along the Bunya Highway at Kingaroy, northwest of Brisbane, Australia when their vehicle collided head-on with an oncoming truck.

She and three of the children tragically died at the scene, while Aaleyn died on the way to the hospital.

The truck driver was also injured in the incident.

On Friday 16 June, the last day of public hearings in Brisbane took place looking into their deaths.

At the inquest, McLeod spoke about his kids, saying he is 'no longer the same man' after losing his family.

He is now seeking more than $2.3 million in damages, claiming he was diagnosed with post-traumatic stress disorder and alcohol use disorder after the incident.

“As a consequence of the first defendant’s (Charmaine McLeod’s) breach of duty and or the first defendant’s intentional or reckless conduct, the plaintiff has suffered a psychological injury, diagnosed as post-traumatic stress disorder with prominent associated anxiety and depression, an adjustment disorder with depressed mood, and alcohol use disorder (the injuries),” the claim says.

The crash has turned the dad's life upside down. Credit 9 News

McLeod alleges his former partner intended to cause harm or death to their children, with the claim arguing that in doing so she intended to ‘cause psychological harm to the plaintiff or was reckless as to whether or not the collision and the harm or death of the children would cause the plaintiff’s psychological harm’.

As part of the suit, the grieving dad is suing for $606,279 for future economic loss, $70,995 for loss of future superannuation earning, $506,520 for future care and assistance, $102,950 in general damages, $49,750 for future expenses and $4,941 for past special damages expenses.

“The first defendant as the driver of the vehicle, owed to the plaintiff, the father of her passengers, a duty to take reasonable care to avoid exposing him to the risk of psychological harm which may occur should their children be injured or killed in a collision,” the claim continues.

“The plaintiff's pain and suffering has been increased by reason of the horrifying circumstances in which the injuries have occurred.

“The plaintiff has been left with very limited to no residual earning capacity as a result of the collision.”

Suncorp Insurance, Ms McLeod’s insurer, is named as the second defendant in the suit, but has defended the claim – disputing a number of McLead’s arguments, including the level of harm suffered and the extent of his lost earning capacity.

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“His family obligations, but for Charmaine McLeod’s breach of duty, were such that he would not have been in a position to undertake the shift work required by employment as an urban firefighter,” the defence said.

Suncorp Insurance has also alleged McLeod suffered from back pain, had been prescribed antidepressants and anti-anxiety medications on 10 occasions between 2004 and 2011 and experienced night terrors, The Courier Mail reports.

“Because of those matters … the working life expectancy … the plaintiff could otherwise have anticipated had it not been for his alleged injuries had been reduced to a span less than that which would ordinarily be anticipated by an Australian male of the plaintiffs present age,” the defence continued, saying the plaintiff would have found it difficult in securing and maintaining employment and would have ‘required medical treatment and the use of antidepressant medication’.

McLeod has since disputed many of Suncorp Insurance’s assertations in a reply filed with the court.

In this, he argued his history did not significantly impact his capacity for employment, not his ability to complete daily activities before the crash.

The parties agreed last month to wait until a coroner had finalised the investigation into the tragedy before progressing with the civil case any further.

Tyla has reached out to Suncorp Insurance for comment.