A woman who drove into her husband and his mistress after discovering their affair was spared jail time after admitting guilt in court but is facing more legal action.
Christie Lee Kennedy pleaded guilty to assault and dangerous operation of a vehicle earlier this year over the March 2021 incident.
Her pleas followed a trial last year in which she was found not guilty on some charges, while jurors were unable to reach a verdict on others.
Zowie Noring, the woman accused of having an affair with Kennedy’s husband, has filed civil action in Brisbane District Court claiming $350,000 in damages.
Kennedy had been married to David Larkin for almost a decade when she found out he was having an affair with Ms Noring, the criminal trial was told.
Using a phone locator app, Kennedy tracked down her husband who was talking with Ms Noring on the side of a road at Wavell Heights, in Brisbane's north.
Prosecutors argued Kennedy accelerated her BMW then drove into them before getting out of the car, grabbing Ms Noring by the hair and repeatedly punching her while screaming obscenities.
In her claim against Kennedy and insurer Allianz Australia, Ms Noring alleges Kennedy drove directly into her path, causing her to be knocked forcefully onto the road.
She says Kennedy was negligent, dangerously operating a vehicle and driving at a speed excessive in the circumstances.
Ms Noring, 34, injured her knees, coccyx and cervical spine, and suffered scarring and post-traumatic stress disorder, she says in her claim.
It alleges she suffered pain, inconvenience and discomfort, has been left with permanent impairment, requires future treatment and has a diminished capacity to work.
Ms Noring, a part-time admin officer at a smash repair business at the time, claims general damages of $22,010 and $37,500 for future expenses including a total knee replacement.
A claim for care and assistance from family and friends based on $35 an hour totals $15,452, while future assistance is included at $70,000.
In a response to the court, Allianz said some injuries had resolved and gave rise to no impairment while others did not affect Ms Noring’s ability to work.
“The amount sought is excessive and disproportionate to the nature and extent of the plaintiff’s alleged injuries,” the insurer says about the general damages claim.
It regards a $200,000 future economic loss claim as “excessive, unreasonable and speculative”.
“The plaintiff is not suffering and will not suffer any ongoing economic loss in the amount claimed as any ongoing difficulties will not impact the plaintiff’s capacity to earn income in the future taking account of her age, education, qualifications, work history and medical history,” Allianz says.
“The sum is wholly disproportionate to the nature and extent of any injuries suffered by the plaintiff having regard to the medical reports obtained.”
The insurer says Ms Noring remained capable of attending to daily living activities after the incident and her injuries were minor and not of a nature as to create need for future assistance.
Following her two guilty pleas in Brisbane District Court in April, Kennedy was handed a nine-month suspended jail sentence, disqualified from driving for nine months and ordered to pay Mr Larkin and Ms Noring $5000 each.
AAP has sought comment from Kennedy, who is yet to respond to the court action.
