Spicer, Deceased Da’Karia v. City of Chicago, a Municipality
Case Background
On September 01, 2021, the estate of Da’Karia Spicer filed a lawsuit against the City of Chicago seeking damages for the loss and suffering caused by the police chase which led to the wrongful death of Da’Karia and injuries to her father and brother. The case was filed in the Illinois State, Cook County, Circuit Court, with Judge Preston Jones presiding. [Case number: 2021-L-008795]
Cause
On September 2, 2020, Kevin Spicer was driving in his Honda Accord with his son, Dhaamir, and daughter, Da’Karia, near 80th and Halsted streets in Auburn Gresham. They were heading to pick up a laptop so his 10-year-old daughter, Da’Karia, could begin e-learning for the new school year during the COVID-19 pandemic.
At the same time, officers in an unmarked squad car were following a black Mercedes Benz for a traffic violation. Police attempted to pull over the vehicle, but the driver fled. The Mercedes first struck a gray car driven by a 57-year-old woman while speeding west on 80th Street. It then crashed into the Spicer family’s tan car after turning onto busy Halsted Street.
After the collision, the officers turned off their lights, parked some distance away, and reported the incident as an “accident” without acknowledging the pursuit or their role in it.
Injury
Da’Karia died in the crash. Her younger brother, Dhaamir, was only 5 years old and sustained severe injuries. Kevin Spicer, now 47, and the woman in the other car experienced less serious injuries in the accident.
Damages
The Spicer family filed a wrongful death lawsuit, seeking $100 million for pain, emotional distress, loss of companionship, and other damages.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Estate of Spicer Da’Karia | Dhaamir Da’Karia | Kevin Da’Karia
- Counsel for Plaintiff(s): Patrick Salvi II | Lance Northcutt | Aaron Boeder | Eirene Salvi
- Defendant(s): The City of Chicago
- Counsel for Defendant(s): Not available
Key Counsel Remarks and Arguments
The Spicer family’s legal team, led by Patrick Salvi II of Salvi Schostok & Pritchard PC, presented compelling evidence of the deep trauma and loss the family endured.
“The impact of this incident was catastrophic, and the Spicer family lost a bright, talented and smart 10-year-old girl who was the absolute light of their lives,” said attorney Patrick Salvi II. “We recognize fully that there are instances where the police must pursue. But that wasn’t the case here,” he added.
Lance Northcutt, another attorney for the Spicer family, criticized the city’s insurance carriers for failing to settle the case before it reached trial, despite the city’s admission of fault.
“Ten years old, in the middle of her life, a straight-A honors student—killed right in front of her father in broad daylight,” Northcutt said. “When the city of Chicago eventually admitted liability in this case, and it became a question of what would be full and fair compensation for this family, and it was put on the insurance companies, those insurance companies decided to put profit over humanity; profit over protecting taxpayers.”
The city’s attorneys argued that the damages should be between $12 million and $15 million. However, after hearing closing arguments on Wednesday, the jury awarded $79.8 million.
Claims
The Spicer family argued that the officers violated several departmental policies during the pursuit, which directly led to the fatal crash.
They began the chase without informing the Office of Emergency Management and Communications. The officers also failed to use their lights and sirens throughout the pursuit. Despite the incident involving only a traffic violation, they continued the chase, which department rules generally prohibit in such cases.
The family argued that these negligent actions directly led to the fatal crash. After the collision, the officers’ response worsened the situation. Their alleged attempts to distance themselves from the pursuit, according to the family, compounded the tragedy.
Defense
The City of Chicago initially claimed that the pursuit did not cause the accident. However, they later admitted responsibility. During jury deliberations, the defense proposed a settlement, but the family rejected the offer.
Jury Verdict
The trial for this wrongful death lawsuit began on December 5, 2024, and ended with a jury verdict on December 11.
The damages awarded were substantial. Da’Karia’s estate received $67.4 million. Her brother was granted $11.2 million, which included $8 million for disfigurement caused by a facial scar. Their father was awarded $1.25 million for his pain, suffering, and emotional distress. The verdict totaled $79.8 million.
“The city is reviewing the verdict and has no further comment at this time,” said Kristen Cabanban, spokesperson at the city’s law department.
Court Documents:
Available for purchase upon request
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