Samuel McGlinn files lawsuit against Shane Maguire for New Year’s Day boat crash on Fitzroy River

A passenger involved in a major powerboat crash on Rockhampton’s Fitzroy River has filed a lawsuit against the driver’s insurance company, asking for $1m in compensation for injuries that have left him no longer able to work.

A passenger involved in the 2020 New Year’s Day powerboat crash on Rockhampton’s Fitzroy River has filed a lawsuit against the driver’s insurance company, asking for $1m in compensation for injuries that have left him no longer able to work.

There were four adults and six young children aboard the 6.4 metre Baysport cuddy cabin vessel and the group were boating in the area locally known as the Ski Gardens.

The boat crash aftermath on the Fitzroy River.

Police reported the boat hit the bank of the Fitzroy River at Pink Lily, about 7.5km upstream of the barrage, about 4.30pm.

Emergency services at the time described it as a challenging rescue in dense woodland and a distressing scene as the children were very upset.

Multiple ambulances attended and paramedics were taken on a private bystander boat to the bank where the boat had crashed.

SES also assisted with two swiftwater rescue boats.

A 62-year-old woman was winched from the scene by the RACQ Capricorn Rescue and flown to Rockhampton Hospital.

It took four hours for paramedics to stabilise all of the patients and take them to the boat ramp, with the boat trip taking about an hour alone, going no more than six knots due to their patients‘ injuries.

Passenger Samuel Jeffrey McGlinn, 33, has filed a personal injury lawsuit against the driver of the boat, Shane Maguire, as the insurance holder for the boat, through Clubsport Marine.

The lawsuit was filed by Brisbane firm, CMC Lawyers, with the Rockhampton Supreme Court, in October, for a total of $1,076,058.08.

Mr McGlinn alleges in documents filed with the Court that the boat was travelling in a south-westerly direction at 26 knots (11 metres per second), 15 to 20 metres from the riverbank on the starboard side (right hand side of the boat).

Photos from the scene.

The boat then struck a submerged object and collided with the bank, where it collided with a tree and came to a “forceful stop,” according to Mr McGlinn’s claim.

Mr McGlinn claims he was “thrown from the rear of the boat into the bulkhead around the cabin on the boat, striking the bulkhead heavily”.

As a result of the incident, Mr McGlinn claims he sustained fractures to his vertebrae, ilium (upper hip bone) and sacrum (located at the bottom of the lumbar spine), and internal injuries including a laceration to his spleen.

Mr McGlinn was taken by ambulance to Rockhampton Base Hospital and was discharged with walking aids.

He claims to still suffer from pain in his lower spine which is increased when bending, lifting, twisting, prolonged sitting and travelling long distances.

He also claims to have disrupted sleep, is on strong medication and received care and assistance from his family for 10 hours per week for the first 30 weeks after the accident, and another four hours per week for 54 weeks.

Before the accident, Mr McGlinn was working as a qualified carpenter.

He returned to work on lighter duties in a supervisor role seven months after the accident, from July, but left in December as he claims in the court documents he was “simply unable to continue to work given his pain and disability”.

Mr McGlinn claims he is “unable to return to any work for which he is skilled and experienced”.

The Statement of Claim accuses Mr Maguire of negligence through operating the boat at excessive speed, excessive speed close to the bank and taking his eyes away from the direction of travel.

A defence denying any negligence was filed on behalf of Mr Maguire by McCullough Robertson Lawyers Brisbane in November.

Mr Maguire’s lawyers argue in the defence documents thatthe boat was travelling at 21 knots (40km per hour), stating it was not an excessive speed.

In the defending court documents, it is agreed the driver owed Mr McGlinn a duty of care as a passenger but “the scope of that is a question of law and fact for the Court to determine”.

The insurance company has denied the money Mr McGlinn is seeking, claiming the amount is “excessive in regard to the nature, extent and consequences” of his injuries.

No final offer has been submitted as part of the lawsuit file at this stage.

The boat was extensively damaged in the crash.

The accident was investigated by Maritime Safety Queensland and an investigation report cleared the driver of any wrongdoing and stated the boat was carrying enough life jackets for all on board and all six children were believed to be wearing them at the time.

It was determined there was no mechanical fault on the powerboat and the “most likely” cause was a “collision with an unidentified submerged object, which has since moved, causing the boat to veer off course”.