LAWRENCE, Kan. — A Douglas County jury has awarded over $4 million in damages to the family of a woman who died in a tragic car towing accident, though the final payout might be significantly less due to state laws.
In a decision rendered after a week-long trial and roughly seven hours of deliberation, the jury found both Hillcrest Wrecker and its employee, Erin VanNatta, collectively 51% responsible for the 2020 death of 29-year-old Lindsay Raine. Raine sustained fatal injuries when her vehicle, which was being prepared for towing, rolled down her driveway and crushed her.
The lawsuit was initiated by Raine’s mother, Laticia “Rocky” Raine, and alleged negligence on the part of the tow company and VanNatta. The jury was required to decide based on the preponderance of evidence, needing agreement from at least 10 of the 12 jurors.
Raine’s car had been disabled and left on wooden blocks before the incident. When VanNatta positioned the tow truck, Raine reportedly began adjusting her car, which then slipped and rolled. Plaintiffs argued that VanNatta failed to ensure Raine’s safety and that Hillcrest Wrecker had insufficient hiring and training practices.
The defense maintained that Raine herself was partially at fault. The distinction in responsibility meant Raine was found 49% liable for the accident, which will affect the overall compensation her family receives.
The jury initially determined the family should receive $4.508 million for their loss, broken down into $708,000 for economic damages and $3.8 million for non-economic damages. However, a Kansas law caps non-economic damages at $250,000, potentially reducing the total award to $958,000. After considering Raine’s share of responsibility, the actual amount may be around $469,000.
The outcome pleased Nick Hinrichs and Heather Hatley, the attorneys for Raine’s family. Hatley expressed satisfaction with the verdict, highlighting the jury’s role in serving justice. On the other side, James Godfrey, representing Hillcrest and VanNatta, acknowledged respect for the jury’s decision and expressed relief at the case’s conclusion.
The father of Raine’s children, Juan Moore, shared his relief and gratitude for the trial’s outcome on behalf of his family. The lengthy legal process, spanning four years, was a burden from which they can now begin to move forward.
Following the verdict, Bill Raine, Lindsay’s father, expressed his grief but also his appreciation for the jury’s diligence and the community’s support in achieving what he viewed as justice for his daughter.
A further hearing to discuss the statutory cap on the $4.508 million award is expected, with attorneys set to arrange a schedule via email.
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