Lawrence, KS — A Kansas family has been awarded over $2 million in a wrongful death lawsuit involving a tragic incident that resulted in the death of 29-year-old Lindsay Raine in November 2020. The Douglas County jury attributed 51% of the fault to the defendants after deliberations earlier this month.
Raine met her untimely death while assisting a tow truck driver with her malfunctioning vehicle. The vehicle unexpectedly rolled over her at the base of her steep driveway in Lawrence, leading to fatal injuries. According to her family’s attorney, Nick Hinrichs, this accident could only have occurred due to the vehicle being mishandled during the towing process.
The legal proceedings revealed that the tow truck driver had advised Raine to move the vehicle into the street to facilitate the towing operation. According to testimony, the driver planned to reorient the vehicle to simplify the loading process. However, he instructed Raine to wait, during which she reportedly pushed her car off the blocks that secured it, attempting to aid the repositioning. Tragically, she was fatally injured in the process.
The defense argued that the incident was solely Raine’s fault, claiming she created a perilous situation by dislodging her vehicle. However, the jury’s verdict reflected a different story, splitting the blame between Raine, the tow truck driver, and the towing company, Hillcrest Towing.
In a historic decision for Douglas County, the jury allocated 49% of the fault to Raine, 18% to the tow truck driver, Erin Van Natta, and 33% to Hillcrest Towing. This breakdown led to the estate of Lindsay Raine receiving approximately $2.3 million of the $4.5 million awarded in total damages.
This case initially faced challenges, as an earlier trial was discontinued when defense attorneys inadvertently introduced forbidden testimony. The current decision marks a significant moment in the county’s legal history, noted by Raine’s attorneys as the largest wrongful death payout Douglas County has ever seen.
Some of the critical testimonies during the trial were provided by experts in commercial vehicle safety and economics, which helped in illustrating the dynamics of the incident and the financial impact on Raine’s family.
Prairie Village, KS expert John Ward, provided economic assessments, whereas Dustin Phillips from Kingdom Trucking in Kansas City offered insights on commercial vehicle safety standards. From the defense side, accident reconstruction was detailed by Scott Turner from Naples, Florida, and medical analysis by Ernest Chiodo from Harrison Township, Michigan.
The proceedings were overseen by District Judge Mark Simpson, with the plaintiffs represented by Nick Hinrichs and Heather Hatley of Hinrichs & Scott, Kansas City. The defense team included lead attorney James Godfrey Jr., alongside Kerry Banahan Dagestad and Marc Middleton of Evans & Dixon, St. Louis.
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