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Mother of woman hit by cruiser sues city

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By CLARENCE MABIN / Lincoln Journal Star

Thursday, Nov 01, 2007 - 07:24:59 pm CDT

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.

Story Photo

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.

Reach Clarence Mabin at cmabin@journalstar.com or 473-7234.


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michelle wrote on November 1, 2007 8:20 pm:
" Sue,sue,sue!!!! Somebody has to make the police realize that they have to abide by the SAME laws they enforce on US!! They speed like they are above the law!! I applaud this brave woman, it's just too bad that her daughter is in such bad shape!! I hope she regains consciousness. "

 Ramone wrote on November 1, 2007 9:38 pm:
" michelle, the police get to "break the law" when responding to a call, such as going over the speed limit. When they are just on normal patrol, you are correct that they should be leading by example and following all laws. IN this case, it sounds like the police officer was well within her law enforcement guidelines to be above the speed limit. Take your sour grapes somewhere else. "

 NL wrote on November 1, 2007 9:58 pm:
" The statement "May resigned earlier this year rather than undergo a review of whether she followed proper procedure in responding to a domestic disturbance call" makes me wonder if there is reason for this suit. I say let it go forward and get the truth out. "

 C wrote on November 2, 2007 12:16 am:
" If the police shouldn't be allowed to exceed the speed limit when they are responding to a call. I hope you keep that fact in mind the next time you are in trouble and in dire need of their assistance. I would also expect you to be calm and understanding whey the arrived and said, I'm sorry for the delay, but traffic was terrible and I made sure I was driving the speed limit. "

 A friend wrote on November 2, 2007 3:24 am:
" Amanda, keep your head up. You still have a lot of support from LPD officers....even if the administration left you high and dry. "

 Current Cop wrote on November 2, 2007 6:45 am:
" May was more or less forced to resign rather then try to keep her job and risk being fired and having to find a new job with that on her record. She did nothing that no other cop does on a daily basis. Get to call to help as fast as safely possible. This was an accident to no fault of Mays. There are circumstances that haven't come out yet that will make a difference in court. This is a perfect example were are Dept heads could have stood up but once again chose not to and they wonder why so many want them gone. "

 Ann wrote on November 2, 2007 6:58 am:
" Is anyone thinking about that former law officer? Her life was dramatically changed by all of this also. Maybe that mother should think about how others were also hurt. Maybe not physically, but mentally. Also, if she was crossing the street with a group of friends why didn't anyone else hurt? "

 Oh Yeah... wrote on November 2, 2007 8:42 am:
" Anytime an officer is responding to ANY call and is exceeding the speed limit, he/she is required to at least roll at Code 2 (emergency lights on). This is policy where I live. I will lay odds it is policy for LPD too. Violate policy and you open yourself to lawsuits. "

 Come on wrote on November 2, 2007 8:45 am:
" It's not like the office went through a red light or this was at a cross walk. 40-45 mph is not a high rate of speed when the speed limit is 35mph. Come one, the bottom line is that the kids didn't see her coming and stepped out into the street. If she was going 30-35 mph the same thing would have happened. So I guess you can just run out in front of a car, blame the driver and try to get millions. "

 Bob wrote on November 2, 2007 8:54 am:
" A citizen does this and they are villianized. A police officer does this and they are not at fualt. Rules are rules, regardless of which side you are on. The officer was quite a ways from her destination and if she were speeding, she needs to have lights on until she reached the vicinity of the call. Being in the line of duty is no excuse for hitting a pedestrian...but, I would be interested in hearing the officer's side of the story as well. Not good for either party involved. "

 CS wrote on November 2, 2007 9:59 am:
" Wow...it must really pain people to know that life goes on after 8pm. They were 19 years old, legal adults, by the way-even if Lincoln had a curfew it would not apply. Why does it matter if they were out late, at a party, etc? IF the officer was speeding and failed to see them or move to defensively avid the collision then there is some negligence involved. How did the officer not see a GROUP of people crossing the street? "

 For Jena's sake wrote on November 2, 2007 10:06 am:
" I do not believe this lawsuit is unreasonable. Jena will have expenses for the rest of her life, and her entire family has carried this burdon. Personally, I would have asked for 100 million, rather than 10. "

 Pete wrote on November 2, 2007 10:17 am:
" It was stated that it was 12:30 am. This being said it is assumed that visibility is reduced. Obviously the officer was unable to see the 19yr olds due to no skid marks or attempt to swerve. Maybe if she had her lights on they would have better seen her and judged her distance and avoided all injury. SUE!!!! "

 Adam wrote on November 2, 2007 10:46 am:
" Judging by most of the "sour grapes" type of comments, people would be fully supportive of suing the officer if they responded slowly to the domestic call and someone was seriously hurt at that scene. Either way, you have set the officer up for failure. "

 B wrote on November 2, 2007 10:53 am:
" After reading everyone else's comments regarding 'fault' in this case, I point out that Nebraska is a compartive negligence state. It will be left up to a judge/jury to determine the percentages of each person's negligence, and damages (money) will be based off that percentage. "

 Pathetic wrote on November 2, 2007 11:35 am:
" As a law enforcement officer, it's a sad and pathetic state when you can't even do your job anymore without being criticized for your every move or be defended by the city/citizens you risk your life for EVERYDAY. I honor my badge every day I put it on and am greatful I have the opportunity to live my dream. There is nothing else in life I am suppose to be. Amanda May's only mistake in this accident was......I'm not even sure anymore. If police can't speed to save a life, why are we even here to protect you? There will always be some "policy" that comes up where the city goes and tries to protect it's self. Sure, I get it, we need policy, we have to. There is no cover up here. Resigning is better than being terminated, and when your dept doesn't back you, what else do you do? This was a horrible tragedy for all involved. I feel very bad for the young girl hurt. But, some of you need to realize and think of it this way: If you're driving on your way to work, the store, soccer practice... and a pedestrian walks in front of your car and you hit them...who's fault is it? Did you react quick enough to someone who wasn't crossing at an intersection, or a crosswalk, but middle block in the middle of the night?!!! Only because the car involved was a police cruiser, and therefore huge dollar signs are being seen, is this lawsuit being filed! I've done what Amanda did that night. When danger arises, I go towards that danger, not only because I'm suppose to, but because it's in my blood; to help, to save. If this city feels like they can't trust me to drive fast, you just tell dispatch when you have an intruder in your house in the middle of the night to tell the officer assigned to please drive safe and abide by the posted speed limit. Pathetic. "

 a friend wrote on November 2, 2007 11:45 am:
" keep your head up deb. we're all here for you guys. love you jena! "

 hey ann wrote on November 2, 2007 12:20 pm:
" we all know that the officers life will forever be changed. However, she is still able to walk, and talk, and play with her children. Jena was a great girl with a bright future. Who, right now isn't able to do any of the things that we all take for granted. And who is to say if and when she wakes up she will ever be the same again. Please think of Jena's family and the constant care that she will have to receive until she wakes up. I think that maybe if it was any of our children we all might be looking at this in a different perspective. "

 LM wrote on November 2, 2007 12:40 pm:
" After reading serveral of the posted comments re: Jena it absolutley disturbs me, some of the ridiculous comments people make. Jena's life will never be the same, her families life will never be the same. Her mother has lost her business, because she now has to care for her daughter 24/7 and may I remind you Jena still remains in a coma. Let me ask you........how much money is your child worth??? The expenses they will endure for the rest of Jenas life is limitless, just stop and think before you judge. "

 Rocket wrote on November 2, 2007 12:42 pm:
" She didn't resign to avoid prosecution. She was pretty much forced to resign or be fired. I feel bad for the family and for the girl. But why in the world, when crossing a street at NIGHT (not in a crosswalk, mind you) and you can SEE a car coming (they do have headlights), do you go ahead and cross the street in front of one? "

 Not true michelle wrote on November 2, 2007 12:50 pm:
" I believe that state statute says law enforcement can go above posted speed limits as long as there is due regard for others on the road. So if the officer was following all LPD’s protocols there wouldn’t have been any laws broken. It’s too bad that there wasn’t a formal investigation to determine if there was. The portion of the story that I definitely support is that the Chinnow family is challenging million dollar cap payout. If found that the officer was a fault and the accident was preventable a million dollars is far from what should be coming to the family. "

 me wrote on November 2, 2007 1:43 pm:
" If your daughter or someone close to you were hit by a police officer and was in Van Groningen's predicament, you'd sue too! That family has had to endure a lot of emotional and financial pain and suffering. "

 Annonymous wrote on November 2, 2007 2:21 pm:
" I 100% support the police in their efforts to reduce and respond to crime in the city. My question lies in police protocol. At what point is an officer required to activate lights and/or sirens? I don't know much, if anything about what warrants a need for lights and sirens but, and this is just my opinion, anytime an officer has a need to go above the posted speed limit, they should be traveling with that extra attention. My heart goes out to the both families. Regardless of who was in the right or wrong it's a sad situation all the way around! "

 Municipal Code wrote on November 2, 2007 3:15 pm:
" 10.30.010 Pedestrians; Prohibited Crossing. (c) No pedestrian shall cross a roadway other than in a crosswalk upon any arterial street. "

 Kristine wrote on November 2, 2007 3:45 pm:
" I would just assume that the family is suing the city over this because they have to pursue SOMETHING in order to pay for the medical treatment their daughter is desperately needing. Maybe it's not about slandering the police. They might not want to do this, but have no other choice. Makes sense to me. I fully support LPD, and it is in my nature to immediately assume that this was a freak accident on the part of the officer AND the young lady involved. Blame all you want--blame is really a moot point right now, and in most cases. "

 Reality and the Check wrote on November 2, 2007 3:52 pm:
" Come on a 19 year old is hit by a vehicle and now has 900,000 in medical bills. She's in a comma and the meter is still running. I don't know what else her mother can do but try to get compensation for this tragedy. If I'm crossing the street and a police crusiers coming, without warining lights or sirens, how would I know they are on a call? It's a terrible shame my oldest daughter is 35. I don't want to lose an hour of time with her on this earth. Spend your time with those you love, you never know how fast life changes. "

 B wrote on November 2, 2007 5:27 pm:
" First off I feel for Jena and her family. It is difficult to go through what they are going through. I also feel for the officer that hit her, and I'm sure she probably still replays that instance over and over wondering what she could have done different. It is/was an accident, meaning that the officer did not aim for Jena. Here is what 'gets' me though. I live here in the city, I pay taxes to the city as well as the state...when the city, or the state for that mater, gets sued, is it not really us who are tax payers who end up paying for the settlement? Even if the insurance companies that the city/state carry the liablitity insurance pay, they will raise their premiums so we would end up paying more....just something to think about. I do hope that Jena comes out of the coma, she is in my thoughts. "

 Mike wrote on November 2, 2007 5:40 pm:
" Lets not be quick to judgment. I have noticed a trend happening not only in Nebraska but across our Country. We are very quick to find Police Officers guilty of anything we can. Everyday these are the same people who go out on the streets and risk their lives and face situations that most people could not. Do they do this for the GREAT PAY or nice hours ? I think not So before we find someone guilty of something give them the same rights they give you. A chance to have your day in court. It is sad that someone was hurt in a accident and I know we all like to find someone else to blame for tragic events. There is always more than one side to a story. Thank your local Police Officers some day you will need one and I know when you do they will be there for you. "

 To "B" wrote on November 2, 2007 6:27 pm:
" Guess what, "B": you pay for Jena's injuries no matter what. Yes, the city's insurance premiums might go up, and you might have to fork over a few more dollars to pay for that (it might be the cost of a day or two of cable TV or a latte, prorated per citizen). But if there is no lawsuit, consequence number one is that Jena has to bear the cost of her injuries herself for as long as she and her family can do so. After that, Medicaid kicks in and - - yes - - YOU pay for that in your taxes. Consequence number two is that you have already paid for the City's insurance premiums for all the years that the City did not totally incapacitate someone. Why should the insurance company keep the money it's earned over those years instead of paying if a claim is legitimate and needed by the claimant? I know, I know. We in Nebraska don't like to see anyone get any money for any reason. Even if they're completely incapacitated. They might use that money to buy a Ferrari and we might have to see it, or hear about it, or think about it. We hate that. We love insurance companies, but we hate injured people. "

 Vic wrote on November 2, 2007 8:31 pm:
" If you want to sue the Department or the City thats one thing, but to go after the the Officer who is only guilty of trying to respond quickly to help other officers or maybe even a citizen in danager is completely absurd. Everyone curses the police until we show up to save your skin. Amanda, we all love and support you. Best of luck to Chinnow family, but drop your suit against Ofc May. "

 Scott wrote on November 3, 2007 1:28 am:
" I've also nearly been hit by police cruisers in the middle of the night doing these so-called "silent approaches" to break up a college party. Perhaps LPD needs to re-examine their protocol and evaluate whether or not these silent approaches are really necessary in all these situations. "

 Shane wrote on November 3, 2007 5:16 am:
" I think citizens need to realize that when Me and my fellow Ofc are traveling over the posted speed limit it is for a reason. We may not have our light son because believe it or not we do like to sneak up on people. The lights and siren hinder this a lot. The Dept does not travel to very many calls with out lights and sirens on. However the person calling still wants a Ofc at there door step right now. There for if we are going 10 mph over the speed limit, which a lot of people do on a daily basis driving to work or school, we are justified in doing so. It is more important for a Ofc to get to there destination by speeding than for a 16 year old kid to speed to get to school. "

 Very Sorry for Family wrote on November 3, 2007 8:58 am:
" First let me say how sorry I am for the family of this young lady and that I really hope she'll wake up and lead some what a normal life. As far as the officer, I also feel very sorry for becasue her life has changed for ever and until we all are in a situation like this, one will never know what she is feeling. My comment about the accident itseld is, occording to the news article that was in yesterdays paper (November 2nd) the story stated the group saw the car and guessed the car was going slow enough that they had time to cross the street. My question is if they saw teh car, should they maybe have stayed on the crub until it passed. Yes I understand the police car was speeding to respond to a assist another officer, and I believe that gives an officer a right to maybe travel over the speed limit with care, but doesn't the girl that got hit have any resposiblity in the accident? "

 DP wrote on November 3, 2007 9:18 am:
" This is a very sad situation and I feel for both families. I can understand how the family has huge expenses and needs to pay for them but suing the police officer is not right. The officer was just doing her job and the girls were probably just out having a good time and were not paying full attention when they stepped out into the street. "

 Gene Hogan wrote on November 3, 2007 2:36 pm:
" The officer was MILES away from the domestic disturbance at Sheridan and Van Dorn. I can understand not wanting to turn on the siren, but the officer probably should have had her flashing lights on. It's very unfortunate that this happened while Officer May was doing her job and coming to the aid of a fellow citizen. What a tragedy for all involved. "

 Rusty Rail wrote on November 3, 2007 5:56 pm:
" I believe that Van Groningen should receive a large settlement from the city. to send a message. Too often, police, fire and other emergency vehicles are operated in a reckless and irresponsible manner when responding to a non life threatening situation. "

 concerned wrote on November 3, 2007 6:07 pm:
" This accident is horible for everyone involved.NO ONE except the family of Jena could possibly understand the hardship they have endured.Amanda and everyone else will go on with there life and get back to normal.Jena will never be normal again.She was a beautiful girl with a awesome smile for everyone.There is no amount of money you could put on this!!!!!The sky should be the limit.Think about this for a minute:you can't move,swallow,roll over,talk,you have foot drop "so if she does wake up"she will probably have surgery,it goes on and on.She is still in a coma and who knows what will happen.So for all of you negative people that don"t have a clue about feelings hug your child and imagine them in a coma. "

 Also Concerned wrote on November 3, 2007 10:12 pm:
" I totally agree with Concerned! If you are not in or close to this situation, you have NO CLUE what the family is going through. As for the lawsuit, the family is NOT suing the police officer, but is suing the city...this is not a personal attack on Ofc May, this is a family trying to get retribution for their daughter's injury. Despite what you may think, $10 million will not go far to cover Jena's injuries and care and the money will go into a trust only to be used for Jena's care. Jena's mother is one of the most selfless and caring people you would ever meet and is only trying to get the means to adequately care for her daughter. For those of you who are casting judgement or making negative comments about Jena or her family, stop for a moment and opt to keep your comments about a situation you have no clue about to yourselves! "

 amandasupporter wrote on November 3, 2007 11:27 pm:
" There is no doubt that this is a tragic situation for everyone involved but it is unfair to place blame on the officer without knowing the whole story (most of you don't). Please wait to make any judgments about her until the truth about the circumstances surrounding this accident comes out. You will most likely feel differently about who was at fault and whether or not the family should get more than $1 million. "

 Re: Shane wrote on November 4, 2007 10:20 am:
" I realize that you are wanting to do the job at the best of your abilities, but is it worth being a risk to everyone else on the road? From time to time I have seen officers gunning their engines, going more than the 10 mph over the speed limit as you say you do, tearing around corners with tires squeeling, cutting other drivers off at intersections, etc., all without lights or sirens on or much regard for other motorists. I was also nearly a victim of this policy of not using lights and sirens. A few years ago I was a passenger in a car going north on 10th St into downtown. As we neared O St we saw 4 police cruisers traveling quickly westbound on O St with lights on but no sirens. As we got to O St the light turned green but we stopped anyway to check for more police cruisers. We could not see any so we proceeded through the interseciton. As we got halfway through the intersection we noticed a police cruiser coming at us at a very high rate of speed, this time without lights or siren. We estimated the officer was going 55-60 mph. Thankfully the officer missed us by mere inches or more than likely I would have been severly injured or worse as I was in the rear passenger side seat. We pay for the lights and sirens on your cruiser for a good reason, to protect us and yourselves if you have to travel at a high rate of speed. Please use them or you may be in this situation yourself. "

 Alcohol wrote on November 4, 2007 1:02 pm:
" Alcohol can certainly affect one's perception of speed. "

 cs wrote on November 4, 2007 5:08 pm:
" Hypothetical situation---Somebody is severely injured in an accident at home and we don't have time to wait for an ambulance. So we decide to take this person to the hospital ourselves. We are in a hurry and are going 10-15 mph over the speed limit and accidently run over an off duty Police Officer crossing the street. What happens to this driver? "

 19 years Old wrote on November 5, 2007 11:19 pm:
" Not sure what most of you think of a youth 19 years old oppinion, but i knew the old Jena, the Jena who was not held down by a coma, and I knew the girl who was willing to help others, even if it wasn't the popular choice. To me i can't understand why its allowed for a cop to speed without lights on when they are headed to a crime. Night time vision is harder but downtown lincoln is covered in street lights. I feel this is a horrible mistake, but the family of Jena deserves the help from the money gained in this lawsuit. So for all the cops, I'm sorry for the resignation of May and hope the best in her life. On the other hand i will never have my same friend back, jenas family will never see her dreams reached, and jena remains trapped today, one year after the accident, in her own body. Our church in Kansas prays for you still Jena, we love you "

 steve wrote on November 8, 2007 10:11 am:
" It is unfortunate that this accident happened and I wish the victim and the officer well. I do have to chuckle though at the people who are happy to see the police department sued. Who pays the bill? You do!! "

 AL wrote on November 14, 2007 11:16 am:
" Lets not forget that a wonderful kind human is still effected by what happened a year ago. This family has gone through so much emotionally and financially. And to have doubts as to whether or not they should file a lawsuit is insane. It would be insane NOT to! Even a small lapse of judgement on a police officers behalf can cause a grave mistake. They signed up to be accountable for things such as that. It doesn't make them a bad person, just not the best police officer. Jena's laugh and sense of humor and kind words are still silenced so far from this horrible ACCIDENT. Let's not forget that. "

 10 MIL wrote on November 14, 2007 11:22 am:
" The LPD can afford this lawsuit....there is no if and's or but's about it. I know the people that were crossing the road with Jena that night. They were first hand witnesses....and intoxication was NOT a factor. It was a lapse in judgement on both parties. One had the upper hand though. If my sister was put into the situation Jena is in....I would ask for 10 mil. too. "

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