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Nebraska News Details
Mother of woman hit by cruiser sues city
Posted: Nov 02, 2007


The mother of a 19-year-old woman in a coma since she was hit by a Lincoln police cruiser last year is seeking more than $10 million in damages from the city and a former police officer.

Deborah Chinnow of Adams said in the lawsuit filed this week that her daughter, Jena Van Groningen, sustained permanent and severe injury through the negligence of the city and former Lincoln Police Officer Amanda M. May.

May was driving a 2004 Ford Crown Victoria cruiser south on 48th Street near C Street at about 12:30 a.m. Nov. 5, 2006, when she hit Van Groningen, who was crossing the street with a group of friends.

Rich Anderson, an assistant city attorney for the Police Department, said Thursday that May resigned earlier this year rather than undergo a review of whether she followed proper procedure in responding to a domestic disturbance call near Sheridan Boulevard and Van Dorn Street on the night of the accident.

May is being represented by Lincoln attorney Gail Perry, who could not be reached Thursday.

According to the lawsuit, filed by Omaha attorney Nicole A. Parks, Van Groningen was thrown 35 feet before coming to rest in the road.

Parks said in the lawsuit that May was maintaining a silent approach to the disturbance as a backup to another officer. She did not activate her siren or warning lights, Parks said.

The lawsuit said May was driving at a high rate of speed. A police report said the officer was driving 40 mph to 45 mph at the time. Van Groningen and her friends saw the approaching car, but they believed its speed was slow enough to allow them to safely cross, Parks said in the lawsuit.

Parks said May was negligent in, among other things, driving too fast, failing to maintain a proper lookout and failing to brake, swerve or turn to avoid the collision.

According to the lawsuit, Van Groningen has accrued $900,000 in medical expenses since the accident.

Parks is seeking a judgment on behalf of Chinnow for those expenses, as well as at least $5 million for future medical bills, lost earnings and lost earning capacity. In addition, the plaintiff is seeking $5 million, or more, in general damages.

The lawsuit was filed under the state Political Subdivisions Tort Claims Act. The act limits recovery to $1 million in claims like the one filed by Chinnow. Parks’ lawsuit is challenging the constitutionality of the cap, arguing it violates the U.S. Constitution’s commerce clause.

Parks could not be reached for comment Thursday. Anderson, in limited remarks, said the lawsuit was similar to a tort claim the family filed earlier with the city.

When the city did not respond to the tort, Chinnow’s attorney withdrew the claim and filed the lawsuit.
 
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