Scott Cullen’s partner Eden Stimpson fight for compensation years after fatal crash
A Gold Coast woman left devastated after her partner was hit by a car on the Glitter Strip has now taken the battle to court. Find out what she is fighting for.
Police & Courts
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A Gold Coast woman left devastated after her partner was hit by a car on the Glitter Strip has been given the go ahead to increase her compensation claim by more than $200,000.
Pimpama man Scott Cullen was struck down when crossing Ferny Ave, Surfers Paradise on October 8, 2016.
He died in hospital a day later.
In December 2017, the driver – Daniel O’Toole – pleaded guilty to driving without due care and attention and was fined $3000 and lost his licence for 12 months.
Mr Cullen, 22, had been out celebrating his partner Eden Stimpson’s birthday.
Ms Stimpson has now turned to the Southport District Court for compensation to help with what she claims is post traumatic stress disorder, depression and anxiety.
She did not go to the court until September 2019 and was allowed time to file documents.
She did so for some part of her claim but did not file any documents in relation to dependency.
Court documents published on Friday, October 7 said: “Prior to (September 2019), (Ms Stimpson, was in no emotional state to engage lawyers due to the significant nature of her psychological symptoms.
“(Ms Stimpson) had also hoped that her symptoms would resolve with time but has come to the realisation that her symptoms are permanent and ongoing.”
In October last year a ruling was made in the Southport District Court, preventing Ms Stimpson from seeking any dependency compensation.
Ms Stimpson appealed that ruling to the Court of Appeal who last week gave the go ahead for the Gold Coast woman to lodge the additional compensation claim.
The decision also allows Ms Stimpson to up her compensation claims from more than $454,000 to more than $729,000 to take into account a dependency claim.
“Ms Stimpson was blameless for the delay in prosecuting her dependency claim, as she was never informed by her solicitors within the limitation period that she could make such a claim, the ruling said.
The court documents showed that a doctor had found Ms Stimpson suffers from post traumatic stress disorder, associated anxiety and depression and adjustment disorder “as a result of her exposure to the aftermath of the accident and persistent reliving of the experiences”.
The ruling means Ms Stimpson will be able to amend her court documents and continue with the compensation claim through the courts.
Her lawyers, Shine Lawyers, declined to comment.
In December 2017, the crash was described as “tragic” in the Southport Magistrates Court.
Mr O’Toole did not test positive for drugs or alcohol after the crash.
The court heard O’Toole had been about 10km/hr over the speed limit at the time of the crash on Ferny Ave about 11pm on October 8, 2016.
Police prosecutor Senior Constable Jack Mulherin said CCTV footage showed Mr Cullen, 22, crossing the road near the wax museum before pausing on the median strip to wait for three cars to pass.
He said the footage showed the Mazda driven by O’Toole approach with its headlights off before flicking on moments before hitting Mr Cullen.
At the time Magistrate Don MacKenzie said: “That may not be of much comfort to the family who have to spend the rest of their lives without that person.
“That’s the real tragic aspect of it.
“It must be difficult and no one wins in a criminal prosecution.”
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