The father and family members of two toddlers who died after being left in a hot car have filed personal injury and negligence lawsuits against the Queensland government.
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The father Peter Jackson, step-brother and maternal grandmother of the two girls have claimed in documents filed to the Brisbane Supreme Court that they suffered "psychiatric injury".
The three lawsuits, all filed by the same law firm, also claimed that Queensland's Department of Communities, Child Safety and Disability Services "failed in its duty of care" to protect the girls from neglect by their mother, Kerri-Ann Conley, 30.
Darcey-Helen, 2, and Chloe-Ann Conley, 1, were left by Conley in a Mazda wagon outside their home at Waterford West, south of Brisbane about 4am on November 23, 2019.
Conley, who was addicted to methamphetamine, later testified that she left the little girls in the car as she did not want to wake them.
The car was left in direct sunlight with all windows closed, reaching an estimated temperature of 61.5C by 10.30am and causing massive damage to the girls' skin as well as fatal overheating.
Mr Jackson, 44, of Cresmead, stated in his injury claim that had been seeing a psychologist after their deaths and now had nervous shock, severe post-traumatic stress and severe anxiety.
"The claimant attended his ex-partner's house after receiving a telephone call from his ex partner that his two children aged 1 and 2 were not breathing after being left in a hot car," the lawsuit stated.
"The claimant attended the home and attempted to perform CPR on his two children who were later pronounced dead at the scene by paramedics."
The lawsuit claimed the government "failed to intervene in circumstances where they ought to have known (the girls) would be exposed to significant risk and put in danger".
Conley was jailed for nine years in February after pleading guilty to two counts of manslaughter.
The girls' step-brother, aged 17 at the time of the deaths, has claimed that he saw them regularly at weekends and now has adjustment disorder with symptoms of anxiety and depression.
The girls' grandmother, Shirley Conley, 60, of Eagleby, said she had been prescribed daily medications for high blood pressure and chest pains since the tragedy.
The government's response to Mr Jackson and the girls' stepbrother has been to confirm they have filed a claim that falls within personal injury legislation but it has not accepted any liability.
In response to Shirley Conley's lawsuit, a crown solicitor denied any government liability.
"As liability has been denied the respondent makes an offer of $NIL," the crown solicitor stated.
All three plaintiffs are also suing Conley herself as well as RACQ, who provided compulsory third party insurance for the Mazda in which her daughters died.
The RACQ has responded by denying any liability as the incident does not fall under the Motor Accident Insurance Act.
"We do not accept that this claim is a motor vehicle accident claim to which the statutory policy of insurance applies," the RACQ's solicitor stated.
Australian Associated Press
