The partner of a man who was killed after falling from the back of a ute at Summernats is suing the driver for nearly $2 million in damages. Documents filed in the ACT Supreme Court by lawyers for Caitlyn Lye allege Alister Spong was negligent when, while lapping the annual car festival's cruise route on January 5, 2017, he attempted to spin his ute's wheels without warning. The attempt failed and Ms Lye's partner Luke Newsome - a mate of Mr Spong's - fell from the Ford Jailbar's flatbed tray and hit his head on the road. Mr Newsome, 30, later died from his injuries. It was the festival's first and only death in more than 30 years of the event's operation. Mr Spong was charged with culpable driving over Mr Newsome's death following a criminal investigation and faced an ACT Supreme Court trial last year. He told the jury that he had been driving about 10 kilometres an hour on the festival's cruise route, a ring road around the festival, when he tried a "chirpie" - or to spin the back wheels - but failed. He said instead of the "chirping" noise he expected when he released the clutch, the wheels bit into the bitumen and the truck suddenly surged forward, causing Mr Newsome to fall from the truck's flat bed tray. While Mr Spong admitted he had been negligent, he denied the more serious allegation of culpable driving. The jury hearing the case, however, acquitted Mr Spong of both culpable and negligent driving. "Ms Lye suffered incredible loss through this traumatic experience, which came about as a result of the defendant's negligent driving," her lawyer Martin Carrick, from firm Slater and Gordon, told The Canberra Times. "We acknowledge the driver has previously admitted he was negligent. "We expect Ms Lye will recover appropriate damages from the insurer, through the civil proceedings." Although it is Mr Spong as the driver named in the documents filed in court, the ute was insured and it would be the insurer required to pay damages. Ms Lye claims more than $1.85 million in loss of financial dependency and loss of services, as well as past and future out of pocket expenses. No defence documents have yet been filed. The case will appear in court at a later date.
The partner of a man who was killed after falling from the back of a ute at Summernats is suing the driver for nearly $2 million in damages.
Documents filed in the ACT Supreme Court by lawyers for Caitlyn Lye allege Alister Spong was negligent when, while lapping the annual car festival's cruise route on January 5, 2017, he attempted to spin his ute's wheels without warning.
Luke Newsome and his partner Caitlyn Lye. Picture: Supplied
The attempt failed and Ms Lye's partner Luke Newsome - a mate of Mr Spong's - fell from the Ford Jailbar's flatbed tray and hit his head on the road.
Mr Newsome, 30, later died from his injuries. It was the festival's first and only death in more than 30 years of the event's operation.
Mr Spong was charged with culpable driving over Mr Newsome's death following a criminal investigation and faced an ACT Supreme Court trial last year.
He told the jury that he had been driving about 10 kilometres an hour on the festival's cruise route, a ring road around the festival, when he tried a "chirpie" - or to spin the back wheels - but failed.
He said instead of the "chirping" noise he expected when he released the clutch, the wheels bit into the bitumen and the truck suddenly surged forward, causing Mr Newsome to fall from the truck's flat bed tray.
Alister Spong's flat bed ute. Picture: Supplied
While Mr Spong admitted he had been negligent, he denied the more serious allegation of culpable driving.
The jury hearing the case, however, acquitted Mr Spong of both culpable and negligent driving.
"Ms Lye suffered incredible loss through this traumatic experience, which came about as a result of the defendant's negligent driving," her lawyer Martin Carrick, from firm Slater and Gordon, told TheCanberra Times.
"We acknowledge the driver has previously admitted he was negligent.
"We expect Ms Lye will recover appropriate damages from the insurer, through the civil proceedings."
Although it is Mr Spong as the driver named in the documents filed in court, the ute was insured and it would be the insurer required to pay damages.
Ms Lye claims more than $1.85 million in loss of financial dependency and loss of services, as well as past and future out of pocket expenses.
