Wife of cop killed in fatal crash sues for damages
THE wife of a Mackay cop killed while out jogging is suing a driver and her car insurer in a $1.8 million damages claim.
Northern Beaches station Sergeant Brendan Poustie was out running in Glenella before his late shift when he was struck by a car on June 7, 2017 and later tragically died .
The driver, Maree Borg, had been on her way to work at Mackay Base Hospital when her Holden Barina hatchback collided with Sgt Poustie on Glenella Richmond Rd about 8.30pm.
Ms Borg was not charged over the incident. The police investigation has been finalised.
Sgt Poustie's wife, Jakki Poustie, has filed a claim in Rockhampton Supreme Court for "damages for loss of dependency suffered as a result of the negligent driving" against Ms Borg and Allianz Australia Insurance Ltd.
The claim, filed on November 11 last year, is for a total of $1,850,015.80 for past and future loss of financial benefits.
Court documents obtained by the Daily Mercury allege Ms Borg had been driving between 60km/h and 65km/h. The documents said Ms Borg owed Sgt Poustie a duty of care to: keep a proper lookout; drive with due care and attention; take all necessary precautions to avoid reasonably foreseeable risk of danger; and drive the vehicle in a manner suitable for road conditions.
The claim stated it was a clear and fine night, there was good lighting and no other traffic on the road in that area.
The claim also stated Ms Borg had "a full unimpeded view" of the road for 100 metres in the direction where Sgt Poustie was running, but she did not see the officer and her vehicle struck him causing catastrophic injuries, according to court documents.
The father of two, remembered as a larrikin and devoted family man, was flown to Townsville where he died about 11.43pm on June 12.
His death rocked colleagues across Mackay police district and the broader Queensland Police Service, with hundreds attending his funeral.
Mrs Poustie has alleged the fatal crash was caused by the negligence of Ms Borg, for which Allianz is liable.
Court documents allege Ms Borg failed to exercise any or any proper care and control in the driving and management of the Holden; drove without due care and attention; drove at a speed excessive in the circumstances; failed to keep a proper lookout; and failed to stop, steer clear or otherwise manoeuvre the Holden to avoid colliding with Sgt Poustie.
Allianz Australia Insurance Ltd was contacted. A spokeswoman told the Daily Mercury that as the matter was before the court the company was unable to comment.