photo by: Contributed

Elsa McGrain

Parents of a 20-year-old University of Kansas student killed in a hit-and-run accident are suing both the alleged driver and the delivery company DoorDash, which the lawsuit contends used the driver despite an extensive criminal record.

William Ray Klingler, 36, is facing multiple charges related to the death of Elsa McGrain, a KU student from Nebraska who was running in the 1700 block of East 1500 Road on Nov. 6, as the Journal-World reported. McGrain’s body was found just after 3:30 a.m. the next day on the side of the roadway. A preliminary autopsy report indicated that she had died from blunt force trauma, according to the arrest affidavit.

On Feb. 4, Jordan McGrain filed a wrongful death lawsuit in Douglas County District Court on behalf of the estate of his late daughter, Elsa McGrain, and her mother, Anna McGrain, naming Klingler, the app-based delivery platform DoorDash Inc., DoorDash Commerce Platform LLC, DoorDash Essentials LLC, and DoorDash G&C LLC as defendants.

photo by: Kansas Department of Corrections

William Ray Klingler

Klingler told law enforcement he was on a DoorDash route on the night in question, according to an arrest affidavit in the case. The filing alleges DoorDash did not implement and enforce reasonable policies and procedures to ensure the safety of the public by verifying the identity of individuals making deliveries with its platform.

The filing said DoorDash had a duty to the public to exercise reasonable care in the “hiring, selection, monitoring, supervision, and retention” of its drivers to ensure they are fit and competent. The parents allege that DoorDash knew, or should have known, Klinger was unfit to operate a commercial delivery vehicle based on previous charges against him.

Klingler has a criminal record going back more than 20 years, as the Journal-World reported, and he has multiple DUI and drug charges. In a pending Douglas County case from April 2024, he was charged with a fourth or subsequent DUI offense, as well as methamphetamine and circumvention of an ignition interlock device. He served a prison stint in 2021 after being convicted of tampering with electronic monitoring equipment.

At the time of the alleged hit-and-run, Klingler allegedly violated one or more Kansas public safety statutes, including driving at an unsafe speed, failing to yield to pedestrians and using a mobile device while driving. While allegedly breaking these traffic laws, Klingler was acting as an employee or agent of DoorDash, making DoorDash vicariously liable for these violations, the filing said.

“The death of Elsa McGrain was a direct and proximate result of the negligent, grossly negligent, culpable, and reckless conduct of Defendants,” the filing said.

McGrain’s parents are seeking damages in excess of $75,000.