A first responder to the Anzac Day 2020 crash that killed South Australian Police Detective Chief Superintendent Joanne Shanahan is now taking civil action against the driver for lasting trauma.
Jacqueline Ross, a first responder who attended the collision at the intersection of Cross and Fullarton roads in Urrbrae, has filed a District Court claim seeking $100,000 in damages against Harrison Kitt. She alleges she continues to suffer PTSD, anxiety, depression and a panic disorder as a result of what she describes as Kitt's negligence.
Ross claims the trauma has severely limited her capacity to function, affecting her ability to carry out domestic tasks, participate in social activities, and has caused a loss of income and earning capacity.
The civil action marks a new chapter in a case that raises unresolved questions about accountability when a driver is found legally not responsible for deaths. Kitt was found not guilty of causing the deaths by reason of mental incompetence after prosecutors conceded he was suffering a psychotic episode.
That verdict, handed down in August 2021, closed the criminal case but left families devastated. The McNeill and Shanahan families said in their victim statements they would forever struggle to come to terms with the verdict.
The crash itself was catastrophic. In April 2020, while affected by undiagnosed bipolar disorder, Kitt drove through the intersection at 167km/h on the wrong side of the road. A fixed speed camera had captured Kitt driving at 187 km/h an hour before the crash, but this information was not relayed to police in real time due to technological limitations.
The car became airborne before crashing into two vehicles. Joanne Shanahan died on April 25, 2020, in the car accident that also claimed the life of another woman. Shanahan had worked in many areas including CIB, specialist crime areas and domestic violence. At 55, she was one of the most prominent members of SA Police after 38 years in the force and was just the third woman to be appointed chief superintendent.
Tania McNeill was described as a loving, vibrant lady who enjoyed a good laugh and was a kind and loving mother, wife, daughter and sister.
Kitt was placed under strict mental health supervision, ordered to live with his parents, and banned from driving for 10 years. He did not file a defence response in Ross's civil claim, which is scheduled to return to court in June.
The lawsuit raises a complex question about responsibility and harm. When the law finds someone not criminally accountable due to mental illness, can they still be held accountable civilly by those who suffered as a result of their actions? Ross's case will test that boundary.