Victoria

Victoria's worst ever hit-and-run driver sued by slain teen's sister

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Monica-Rose Weight knows nothing will bring Stevie-Lee back. But she still wants to make her sister's killer pay.

Ms Weight has launched civil action against the man responsible for one of Victoria's worst hit and run crashes, claiming his actions caused her to suffer a range of psychological injuries, and cruelled her chances of pursuing a tertiary education and career.

Monica-Rose Weight, then 11, pictured with her mother, Jennie-May Weight, at the funeral for her sister, Stevie-Lee, in ...
Monica-Rose Weight, then 11, pictured with her mother, Jennie-May Weight, at the funeral for her sister, Stevie-Lee, in Mildura in 2006. Photo: Kate Geraghty

Thomas Towle was driving with his four-year-old son on his lap when he lost control of the car and smashed into a group of teenagers gathered at the side of a road outside a party in Cardross, about 14 kilometres south of Mildura, 10 years ago. He killed six young people, and seriously injured four others.

After the crash he fled the carnage, leaving his "traumatised" two children behind, and disappeared for five hours.

Stevie-Lee Weight, 15, was one of six teenagers killed when Thomas Towle crashed his car into a group gathered by a road ...
Stevie-Lee Weight, 15, was one of six teenagers killed when Thomas Towle crashed his car into a group gathered by a road in Mildura in 2006. Photo: Eddie Jim

Towle was jailed for a seven-year non-parole period in 2008, and walked free on parole in 2013. After breaching his parole conditions he was back behind bars in 2015, but he was released again in May.

Stevie-Lee was just 15 when she was killed on February 18, 2006. Also killed were Shane Hirst, 16, Abby Hirst, 17, Cory Dowling, 16, Cassandra Manners, 16 and Josie Calvi, 16.

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At the time of the crash, Monica-Rose was an 11-year-old school student, Supreme Court documents show.

"The plaintiff, apart from brief periods working as a casual child care assistant and as a waitress, has not worked by reason of her injuries," her claim states.

Monica-Rose, Jennie-May and Stephen Weight at Stevie-Lee's funeral.
Monica-Rose, Jennie-May and Stephen Weight at Stevie-Lee's funeral.  Photo: Justin McManus

"The plaintiff, but for her injuries, would have undertaken and completed tertiary education and pursued a professional career."

Ms Weight's legal team is seeking compensation for loss of earnings and loss of earning capacity, as well as damages, from Towle.

Monica-Rose is comforted by her mother, Jennie-May.
Monica-Rose is comforted by her mother, Jennie-May. Photo: Eddie Jim

A solicitor for the Transport Accident Commission, which would have to pay out on Towle's behalf if Ms Weight's claim is successful, filed a notice to have the matter heard before a jury.

Ms Weight's lawyer Shane Ryan said it would go to trial in July, if an early hearing and mediation did not resolve the matter.

Stevie-Lee Weight's younger sister Monica-Rose pictured at her funeral in Mildura with her parents, Stephen and Jennie-May.
Stevie-Lee Weight's younger sister Monica-Rose pictured at her funeral in Mildura with her parents, Stephen and Jennie-May. Photo: Kate Geraghty

Towle's actions devastated a community.

In sentencing, Justice Philip Cummins said Towle knew of the dangers posed by his driving. The court was told Towle had been warned by his brother minutes before the crash that the group of teenagers was gathered by the road, and he appeared to be speeding before his car left the road and struck the group (witnesses gave evidence that Towle's car was "flying" and "screaming" towards the teenagers).

"This is not a case of unexpected circumstances," Justice Cummins said.

"This is not a case of a momentary lapse of attention. This is a case of multi-faceted lack of attention at high speed at night and with knowledge of risk. And with terrible consequences."

However, it was Towle's actions after the crash that appalled the country.

Towle, who had two children in the car - including his young son on his lap - simply fled.

As Justice Cummins observed: "Upon surveying the scene, Mr Towle, you left your own little children, who themselves were traumatised, and disappeared for five hours. It was not you but the decency of the afflicted families that ensured your own children were properly cared for."

Ms Weight's lawsuit is the latest in a string of lawsuits filed by Stevie-Lee's family against Towle.

Stevie-Lee's sister Milly-Rae filed a compensation claim in the Supreme Court in 2012, which was settled, while her father Stephen settled a separate claim in 2008.

Ms Weight declined through her lawyer to comment to Fairfax.