photo by: Chris Conde/Journal-World

The driveway of Lindsay Raine's former home is pictured on Feb. 7, 2025, in the 34000 block of Augusta Drive.

A Douglas County jury on Friday found a towing company and its employee more than 50% responsible for a woman’s death in 2020 and awarded more than $4 million in damages, although an attorney said the amount the plaintiffs could ultimately receive would likely be much lower than that.

Over the past week in Douglas County District Court, attorneys for the family of 29-year-old Lindsay Raine and the towing company Hillcrest Wrecker and its employee Erin VanNatta presented their arguments for who was responsible in the deadly accident, in which Raine was crushed under her car while preparing to have it towed. The jury on Friday, after about seven hours of deliberation, sided with the family, determining that Hillcrest and VanNatta bore 51% of the responsibility for the accident between them — VanNatta 18% and Hillcrest 33% — and Raine bore 49% of the responsibility.

“We got justice for Lindsay,” said Raine’s mother, Laticia “Rocky” Raine, after the verdict was read. She was the one who filed the suit on behalf of Raine’s two children, ages 11 and 15.

photo by: Maple Hill Funeral Home

Lindsay Nicole Raine

In this civil suit, the plaintiff’s burden of proof was the preponderance of the evidence, which means the family’s attorneys had to prove that it was more likely than not that the defendant was responsible for the harm alleged. The jury did not have to be unanimous; Judge Mark Simpson previously said that only 10 of the 12 jurors had to agree.

As the Journal-World has reported, VanNatta had testified that Raine’s car was disabled and sitting on wooden blocks in Raine’s driveway when VanNatta arrived. VanNatta said that when she was getting her truck into position, Raine started rocking the car, and it broke free and rolled down the driveway and over Raine. The plaintiffs had argued that VanNatta was negligent about securing the area around Raine’s car and removing Raine from the scene, and that Hillcrest was negligent in its hiring and training practices. The tow company, meanwhile, argued that Raine herself was at fault.

The plaintiffs’ attorneys, Nick Hinrichs and Heather Hatley, said they were pleased with the outcome for Raine’s family.

“Today was a good day,” Hatley said.

The attorneys for Hillcrest and VanNatta — James Godfrey, Kerry Banahan-Dagestad and Marc Morrison — said they would respect the jury’s decision and that they were glad the case was finally over after four years.

“We just hope that everyone can get on with their lives,” Godfrey said.

The father of Raine’s children, Juan Moore, also said he was relieved that the suit was over. He was not a party to the suit, but he said he was glad his children would have something to show for it.

“It’s been a hard four years, and to finally get through it and get some type of something for these kids, it means the world to us,” Moore said.

The jury’s damages award was $4.58 million, but because of the breakdown of responsibility and a state law, the actual amount that will be paid is likely going to be much lower, Banahan-Dagestad said.

Banahan-Dagestad said that the jury award could be broken down into $708,000 in economic losses — to make up for money that Raine would have earned and contributed to her family if she were alive — and $3.8 million in noneconomic losses. But she said a state law in Kansas caps the actual amount of noneconomic damages at $250,000.

That would make the total award $958,000, Banahan-Dagestad said, which would further be broken down by the percentages of who the jury determined was responsible. Because Raine was found to be 49% responsible, Banahan-Dagestad said, nearly half of the award amount would go away, leaving about $469,000.

Hatley attempted to object to any statutory cap on the $4.58 million dollar award. Simpson said that matter would need to be argued at a later date, and that the attorneys could work out a schedule for that hearing via email.

After the jury’s decision was read, Raine’s father, Bill Raine, said that although he still mourns his daughter, he thought justice had been done.

“You can never bring their mom back, but the community did a great job,” Bill said. “I’m glad those 12 jurors could really look at everything. I know its a tough job for them, but I think it came out the way it should.”

photo by: Chris Conde/Journal-World

A Hillcrest Wrecker tow truck on Feb. 7, 2025.