Harrison Kitt, who was found not guilty over a fatal 2020 crash due to mental incompetence, is seeking to have a civil lawsuit dismissed, arguing he cannot be held liable despite court documents acknowledging he was negligent in the incident.
The crash occurred when Kitt, then 21 and experiencing undiagnosed bipolar disorder, drove through a red light at high speed – reportedly reaching 167km/h – and collided with SA Police Chief Superintendent Joanne Shanahan (nee Panayiotou) and Tania McNeill, killing both. He was later placed on a 10-year supervision order following the criminal proceedings.
First responder Jacqueline Ross is seeking $105,000 in damages, alleging she developed PTSD, anxiety, depression and panic disorder after attending the scene.
Her claim states she has required ongoing psychiatric treatment and continues to experience lasting impacts on her mental health, including limitations on her daily activities and work.
Kitt’s legal defence disputes both liability and the extent of her injuries, arguing that any psychological harm may relate to pre-existing factors, including prior personal circumstances and mental health history, rather than the crash itself.
The defence also maintains that, in light of the earlier criminal ruling, Kitt did not owe a legal duty of care in this context and therefore cannot be held liable in civil proceedings.
A solicitor representing Kitt and his family said they were unaware of the lawsuit or the defence filings, suggesting the vehicle’s insurer is handling the matter independently, as permitted. The case is scheduled to return to court in June.
Source: The Advertiser