Kangaroo Island SeaLink driver Michael Andrew Kleinig contests lawsuit brought by family of 2020 crash victim James Hargraves

Four years ago, she cradled her husband as he died following a road crash – but the other driver’s insurer says she’s “sufficiently recovered” and deserves no compensation.

It was supposed to be a dream Kangaroo Island getaway for a young family – instead, Jess Hargraves was on the side of a road, cradling her dying husband in her arms.

The Hargraves’ car had been struck, while turning right to a tourist spot, by a SeaLink charter bus whose driver had allegedly opted to overtake it from behind.

The impact crushed the front right-hand side of their car and inflicted fatal injuries upon James Hargraves – a New Zealand citizen, Kings College graduate and businessman.

“I had 20 minutes holding him and telling him how loved he is and that we are okay,” Mrs Hargraves, who was also injured in the crash, wrote on social media after the tragedy.

“He knew his little family were okay … we were there with him … he knew he was loved so deeply by everyone and he knew that this was not his fault.”

James and Jess Hargraves with their children. Picture: Supplied

She and the children were, she wrote, “in a state of shock, disbelief and absolute devastation”.

“For those who know him well, you will know that James was the most hands-on father out there … (he was) the cream of the crop … (the children) are grieving hard too,” she wrote.

“It’s so hard to say goodbye to him … he was an absolute blessing and an absolute gift that has been taken from us way too soon.”

Four years on, Mrs Hargraves and her children face another battle – a court claim for compensation, from SeaLink and its driver, Michael Andrew Kleinig, for their injuries and loss.

The company has publicly expressed its “sincere condolences” to Mrs Hargraves, while Mr Kleinig – who is also facing criminal charges – and his insurer are contesting her claim.

In their court papers, Mr Kleinig and the insurer argue that “if” she was injured, she “has sufficiently recovered” – and so deserves nothing.

FROM HONG KONG TO SEAL BAY

Mr and Mrs Hargraves were about to celebrate their fifth wedding anniversary when he was killed. Picture: Facebook

Mr Hargraves’ obituary, published in the New Zealand Herald, said he met Mrs Hargraves in Hong Kong in 2010 when they “locked eyes” across a room.

Meanwhile, she told her mother that she had met her future husband.

Mr Hargraves, 36, worked in logistics and supply-chain management for EV Cargo, a global corporation.

Together, the couple also ran the Hong Kong Yachting charter business, which had a three-boat fleet.

In February 2020, just ahead of their fifth wedding anniversary, the Hargraves decided to take their two children for a weekend trip to Kangaroo Island.

“We were enjoying a lovely family weekend away at James’ favourite holiday place,” Mrs Hargraves would later tell her husband’s memorial service.

“James had told that morning how much he loved me and that he’d had the best two days.

“We were all with him when the accident happened … the terror of those minutes that followed will haunt us forever.”

THE FATAL COLLISION

The scene of the crash that killed James Hargraves. Picture: Sean McGowan

In a statement of claim filed with the Supreme Court, counsel for Mrs Hargraves allege the crash occurred on February 2, 2020, just after 12.55pm.

“Mrs Hargraves was the front-seat passenger in a Mitsubishi station wagon, being driven by the deceased in a generally south-westerly direction on South Coast Rd, Seal Bay, Kangaroo Island,” the papers allege.

“Mr Kleinig was the driver of a Scarnia bus (that was) also travelling in a general southerly direction, behind the deceased’s vehicle.

“At a location near the entrance of Seal Bay Cottages and Cafe, the deceased slowed to attempt a right-hand turn to the property.

“Mr Kleinig attempted to overtake, causing the collision to occur.”

At the time, The Advertiser reported a MedStar emergency paramedic team, already stationed on the island as a precaution after bushfires, responded to the crash.

However, Mr Hargraves died at the scene.

An SA Ambulance Service spokeswoman said there were no injuries among the 30 bus passengers, and that Mr Kleinig was also uninjured.

In court papers, Mrs Hargraves’ counsel allege their client sustained injuries to her neck, cervical spine and left shoulder.

“Mr Kleinig failed to stop, slow, swerve or otherwise manoeuvre to avoid collision,” the papers allege.

“He drove on the wrong side of the road and he drove into a collision with the deceased.

“The death of the deceased was caused by the wrongful act, negligence or default on the part of Mr Kleinig.”

THE IMPACT OF A CRASH

Mr Hargraves and her son at a road safety event in May 2022. Picture: Picture: Australian Road Safety Foundation

In May 2022, Mrs Hargraves shared her family’s story at an Australian Road Safety foundation “to prevent road crash disasters in the future”.

“If I can change one fatal accident in the future, then my husband’s death will not be in vain,” she said.

“I now leave the house every day and my thought process is ‘I could die today’, because now I know that could happen to anyone.

“The trauma I’ve suffered follows me every second of every day … the pain from the grief in my heart feels fatal at times.

“James was the 10th road accident death in SA that year … I absolutely hate thinking of him as a number.”

In court papers, Mrs Hargraves’ counsel allege she has suffered “depression, anxiety and stress”, as well as PTSD and “diminished” earning capacity, due to the crash.

“The deceased’s dependants have suffered grief and been otherwise deprived of maintenance, support, benefits and services,” the papers allege.

“They have suffered, and continue to suffer, loss of financial, domestic and emotional dependency.

“The children have suffered a loss of nurturing, guidance and support (from their father).”

Mrs Hargraves asks the court to order Mr Kleinig and SeaLink pay her and the children damages, interest and costs.

CHARGES AND CONDOLENCES

Mr and Mrs Hargraves with one of their children. Picture: Australian Road Safety Foundation

Mr Kleinig, 59, of Kingscote, was charged with one aggravated count and one basic count of driving without due care as a result of the collision.

He has pleaded not guilty to both charges, and is listed to stand trial in the Adelaide Magistrates Court in November.

Those proceedings will take place before Magistrate Oliver Koehn sitting alone, because the lower court does not empanel juries for its trials.

The offence of aggravated driving without due care carries a maximum 12-month prison term and minimum six-month licence disqualification.

In their Supreme Court response to Mrs Hargraves’ lawsuit, Mr Kleinig and his insurer, AAMI, say they “admit the deceased died as a result of the collision”.

“If Mrs Hargraves has suffered injuries, she has sufficiently recovered (and) is not entitled to any award of damages,” they say in their papers.

“If Mrs Hargraves is impaired, she has sufficient residual earning capacity to obtain stable alternative employment.”

SeaLink has yet to file a defence with the court – in a statement to The Advertiser, the company said the civil case was ongoing.

“We continue to express our sincere condolences to the Hargreaves family,” a spokesman said.

“As the matter is currently before the court, we are unable to comment further.”