US surgeon to pay $165k to families

A United States heart surgeon who has dedicated his career to saving lives is having to come to terms with the reality that he caused the deaths of two men in a horrific car crash near Nelson.

Dr Kenneth Wolnak was on holiday in New Zealand with his wife Elizabeth when he attempted a U-turn on the busy Coastal Highway, between Nelson and Motueka, causing the three-car crash on the morning of February 27.

Wolnak was sentenced in the Nelson District Court yesterday and ordered to pay the crash victims’ families a total of $165,000 for the emotional harm he has caused them. Judge Richard Russell said it was one of the largest orders of its kind.

Wolnak pleaded guilty last month to two charges of careless use of a motor vehicle causing death and four charges of careless use causing injury.

Judge Russell said the crash was a direct result of Wolnak’s carelessness.

‘‘The consequences of your carelessness here couldn’t be greater. This accident is something you’re going to have to live with for the rest of your life.’’

Nelson father-of-two Steve Jayes, 41, and recently retired Christchurch man Kevin Whitburn, 69, died at the scene.

Four others, including Whitburn’s wife Janet and Wolnak’s wife, were seriously injured.

Jayes’ partner Monique Hardiman wrote in her victim impact statement that the prospect of living without him and her sons not having a father has caused her ‘‘overwhelming sadness and apprehension’’. She said that Jayes was fully involved in the boys’ lives.

‘‘His sole focus was to watch them grow into respectful, caring and kind men,’’ Judge Russell said. ’’She said their lives will be forever impacted by your error of judgment.’’

In her statement, read by Judge Russell, Janet Whitburn said that she and her husband had just retired and were looking forward to travelling through New Zealand in their caravan.

‘‘She is shattered and she wonders how she’s going to get through.

‘‘She’s nervous travelling in a vehicle and said many of her plans and dreams ended on the day of the accident.’’

Wolnak, an experienced cardiothorasic surgeon, took part in three restorative justice meetings with the families and Judge Russell said it appeared they held no animosity towards him.

Defence lawyer Tony Bamford said Wolnak had deposited a sixfigure sum into a trust account ready to be paid to the victims’ families.

‘‘Dr Wolnak has been anxious not to come to court and give the impression he’s buying his way out of the process,’’ Bamford said.

Judge Russell ordered Wolnak to pay $80,000 to Jayes’ surviving partner and two children; $50,000 to Janet Whitburn; $25,000 to one of the men injured in the crash; and $10,000 to the other injured man.

Judge Russell said he was convinced that Wolnak was deeply remorseful and took responsibility for his error or judgment. He advised Wolnak to get on with his life as best he can.