Gold Coast mum sues daughter over fatal crash
A GOLD Coast mother is suing a daughter who was responsible for the death of another of her children in a drunken crash.
Sammy-Jo and Candice Chmieluk were drinking at the Currumbin surf club on May 29, 2016 when Candice got behind the wheel of her Dodge 4WD about 5.30pm on a suspended driver's licence.
The car hit a pole on Thrower Dr, Palm Beach with such force it split in two and debris flew 110m. The car turned into a flaming wreck.
Sammy-Jo, 24, was killed instantly.
Candice Chmieluk was found to be more than four times the legal blood-alcohol limit.
Two years later, she pleaded guilty in the Southport District Court to dangerous operation of a motor vehicle causing death while adversely affected by alcohol and sentenced to five years prison, to be suspended after spending three months behind bars.
The state government unsuccessfully appealed the sentence.
Candice and Sammy-Jo's sister Kirsty Chmieluk pleaded to keep Candice out of prison during the court proceedings.
"The loss of my baby sister has been utterly unbearable," Kristy told the court. "But I have forgiven Candice.
"I don't know how I will cope if Candice is incarcerated … Candice has been given a life sentence by her behaviour.
"If she is sent to jail I will be losing my second sister."
In the latest civil claim filed in the Southport District Court this month, the sisters' mother, Sharon Gousteris, is suing Candice and her insurance company, Allianz Australia, for more than $408,000.
Court documents filed detail how Ms Gousteris has been left in "very considerable psychiatric pain and discomfort" following the crash, affecting her ability to enjoy life.
"As a result of her injuries, (Ms Gousteris) has been otherwise damnified," the documents said.
It is claimed that due to her post-traumatic stress disorder and mood disorder, Ms Gousteris has had to take significant time off her job as a financial counsellor.
Allianz is yet to file a defence against the claim.
Kristy Chmieluk also launched legal action against her sister and her insurer in a case that was resolved late last year.
Originally published as Gold Coast mum sues daughter over fatal crash