Family awarded nearly $80 million in suit against city over police chase crash that killed Da'Karia Spicer
A Cook County jury awarded $79.89 million to a South Shore family whose 10-year-old girl was killed in a car crash caused by a Chicago police chase in 2020.
The city of Chicago has admitted responsibility for the fatal crash in Auburn Gresham that killed Da’Karia Spicer on Sept. 2, 2020. Her father, Kevin Spicer, and her little brother, Dhaamir Spicer, were also in the car. They suffered injuries but survived.
The five-day trial was to determine the amount of damages the city owes her family. Last month, the city admitted responsibility for the fatal wreck after initially denying any fault.
Lawyers representing the Spicer family asked the jury to award them more than $140 million. The city's attorneys requested a figure of between $12 million and $15 million.
Jurors heard the attorneys' closing arguments Wednesday morning and were sent to begin deliberations at 1 p.m. They reached their verdict just before 5 p.m.
Patrick Salvi, one of the attorneys representing the family, told reporters Wednesday evening the jury's verdict recognizes the "profound loss" Da'Karia's family has experienced.
"This case speaks to the extreme dangers that are police pursuits," Salvi said. "We recognize fully that there are instances where the police must pursue. ... But that wasn't the case here."
The Spicers' legal team from Salvi, Schostok & Pritchard also alleged the city's insurance providers got in the way of settling the case. They initially sought a $55 million settlement before the trial began. But the city's insurers would only agree to $12 million.
"The insurance companies that are supposed to protect taxpayer dollars for the city of Chicago gambled with those taxpayer dollars," said Lance Northcutt, another attorney for Da’Karia’s estate, Dhaamir, their father and their mother, Darnesha Johnson.
"They gambled with the fact that a Cook County jury would not recognize the incalculable loss that the Spicer family endured with the loss of their little Da'Karia."
Attorneys for the family plan to file a separate suit against the insurance carriers for failing to settle before trial.
Attorneys representing the city declined to comment.
The trial, which was in Cook County Judge Preston Jones Jr.'s courtroom, started Dec 5. Jurors heard hours of testimony from Da’Karia's parents, mental health professionals and doctors.
"This case is about some of the deepest depths of pain and loss," Salvi told jurors during his closing statement Wednesday.
"The bright shining star of the family was killed," said Salvi, who described the family as an inseparable unit. "That was their life, and the city took it. They took it away."
Da'Karia's parents declined to comment Wednesday evening. Kevin Spicer, 47, took the stand last Thursday to share how his daughter’s death has left a void in his family.
“There is nothing you can do to replace that,” Kevin Spicer said, bowing his head and sobbing. “I miss my daughter and nothing is going to change that.”
Kevin Spicer was driving the day of the crash in 2020. He, Dhaamir and Da’Karia were headed to pick up a laptop for Da’Karia to begin remote learning. She was starting the fifth grade at Foster Park Elementary School.
They were driving west on 80th Street approaching Halsted Street. Moments earlier, police had attempted to pull over a black Mercedes headed east on 80th. Instead, the car sped off toward the intersection at nearly 90 mph, according to the lawsuit and police reports.
Kevin Spicer saw the Mercedes barreling toward them and pulled off to the side of the road to try to get out of the way. But the car slammed into the driver’s side, crushing Da’Karia and fracturing Kevin Spicer’s ribs.
Dhaamir, who was 5 at the time, was severely injured. His skull around his eye was broken, and he went into acute respiratory failure. He was on a ventilator for three days at Comer Children’s Hospital. He has since recovered, but was left with a large scar above his left eye.
Kevin Spicer crawled out of the sunroof of the smashed car to get to his kids. The last time he saw his daughter she was sprawled out on a stretcher, her eyes open but she was motionless.
The day after the crash, the city denied responsibility. Then-Mayor Lori Lightfoot said the “very brief” police chase was not the cause of the fatal crash.
But, a week before the family’s lawsuit was set to go to trial, the city admitted liability and only contested the amount of damages.
While on the stand, Kevin Spicer described his daughter as his little helper. She cooked with him, always cleaned her room and helped her parents care for her little brother, who was born with a developmental disability.
Da’Karia was a cheerleader, a Girl Scout and a dancer. She was also interested in geography — her bedroom was covered in maps of Chicago, the United States and the world.
Salvi said Wednesday the family hopes for police to improve how they conduct chases and bring eluding offenders to justice.
"Because then their daughter has not died in vain," Salvi said, "and perhaps we can prevent this from happening."