A South Shore family is seeking at least $100 million from the city after their young daughter was killed four years ago in a "catastrophic" car crash caused by a police chase.
The city has admitted responsibility for the fatal crash in Auburn Gresham that killed Da’Karia Spicer, 10, on Sept. 2, 2020. Also in the car was her father, Kevin Spicer, and her little brother, Dhaamir Spicer. They suffered injuries but survived.
The day after the crash, the city denied fault. Then-Mayor Lori Lightfoot said the "very brief” police chase was not the cause of the fatal crash.
But last month, a week before the family's lawsuit was set to go to trial, the city admitted liability and is only contesting the amount of damages, according to an ABC7 report.
Opening statements began Thursday in the trial that will determine the amount the city should pay Da’Karia’s family. Cook County Judge Preston Jones Jr. is presiding over the trial.
Lance Northcutt — one of the attorneys representing Da’Karia’s estate, Dhaamir and their parents, Kevin Spicer and Darnesha Johnson — described the fatal wreck to the jury Thursday.
“The impact from the crash was catastrophic, and Da’Karia saw it all coming,” Northcutt, of Salvi, Schostok & Pritchard, told jurors. “She died in pain. And before that pain was terror.”
Misha Itchhaporia, one of the lawyers representing the city, said in her opening statement there was no doubt the fatal crash was a tragedy and reiterated that the city was responsible.
“We are all humans and we are all sympathetic to the Spicer family. But we are not here to base this decision on sympathy, but base it on evidence,” Itchhaporia told the jury.
Spicer was driving the day of the crash in 2020. Spicer, 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, speeding at nearly 90 mph, according to the lawsuit and police reports.
Northcutt told the jury Spicer saw the car speeding 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 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.
Spicer crawled out of the sunroof of the smashed car to get to his kids. The last time he saw his daughter was her sprawled out on a stretcher, her eyes open but she was motionless.
Spicer, 47, took the stand Thursday afternoon to share how his daughter’s death has left a void in his family.
“There is nothing you can do to replace that,” Spicer said, bowing his head and crying. “I miss my daughter and nothing is going to change that.”
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.
Throughout Spicer's testimony, Northcutt shared photos and videos of Da'Karia, from when she was in infant, when she was 4 years old holding her baby brother and when she went to her elementary school's father-daughter dance with her dad.
Spicer shared how his family has attempted to cope after Da'Karia died. Spicer and Johnson have done their best to take care of each other and their son. It took awhile for them to explain to Dhaamir what happened to his big sister.
"To bury your first child is an unbearable pain," Spicer said. "I've never felt anything like that before."
