UPDATE: Lawsuit Claims Tint to Blame in Fatal Hit of Teen Jogger

August 26th, 2015 by Casey Flores
New York State Supreme Court

The complaint has been filed with the New York State Supreme Court.

There’s been some updates in the lawsuit alleging that window tint contributed to an accident that killed a 15-year-old in the state of New York.

The lawsuit is against the vehicle’s driver and the tint shop that installed the film.

Though a police report said tint was not the causing factor, Elvia Daniels, mother of the deceased, has filed a civil complaint against Jason R. Hills and “ABC Tint Shop” (a pseudonym given for the tinter, who has yet to be identified) for negligence and what she believes was the wrongful death of her daughter Jenna Daniels.

Here are the updates:

  • An Affidavit Was Filed

According to recent court documents, an affidavit of service was completed by Abraham Franco stating he put the court summons on the door of Hills, the defendant in the case. He also called his residence three times, according to the affidavit.

  • A Preliminary Conference was Set

On February 19, 2016, the court will hold its preliminary conference for Elvia Daniels v. Hills. According to the New York Court, a settlement may happen prior to the conference.

The last time a document was updated was on October 19, 2015 when Steve Vanccaro, the attorney representing Ms. Daniels, filed a request for a preliminary conference with both Hills and ABC Tint Shop.

“On November 15, 2014, Hills was the owner of a 2005 Ford pickup truck … At some time prior to November 15, 2014, ABC applied tinting to the windshield and side windows of the Automobile,” the original complaint reads. It goes on to say that Hills operated the vehicle that struck Jenna, who later died of her injuries.

“At the time of the Crash, the windows of the automobile were tinted in a manner that prevented safe operation of the Automobile, which violated New York Vehicle and Traffic Law,” the court document reads.

New York’s official law regarding tinted windows is that the windshield can only have six inches of tint at the top and 70 percent on the front windows, with any percentage on the rear windows.

Daniels is asking for an amount in excess of $25,000 from Hill for negligence and also ABC, which her lawyers claim “knowingly or negligently applied tinting to the windows of the Automobile that rendered the Automobile unsafe to operate, which tinting substantially contributed to causing the Crash.

They are also asking each defendant for an additional amount in excess of $25,000 for compensatory damages, funeral expenses and other losses.

Hills and ABC Tint Shop were issued summonses requesting them to “produce any document depicting, describing, referencing or concerning any window tinting on the Automobile at the time of the Crash” and “produce any document reflecting any transaction between or among the defendant(s) concerning the application of shading or tinting to the glass of the Automobile or of any motor vehicle.”

Window Film magazine will continue to follow this developing story.

 

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