Lawsuit Alleging Tint as a Factor in Teen’s Death, Ready for Trial

January 25th, 2017 by Katherine Coig

The 2015 lawsuit alleging that window tint was a contributing factor in an accident that killed 15-year-old Jenna Daniels in New York State is ready for trial, according to a recently filed court document.

The lawsuit was brought forth by Elvia Daniels, the deceased’s mother, against Jason R. Hills, the driver of the vehicle, and “ABC Tint Shop,” (an alias given for the tinter who installed the film, who has yet to be revealed) for motor vehicle negligence.

Elvia Daniels v. Hills, ABC Tint Shop is ready for trial.

Hills’ Ford F-150 pickup fatally struck the victim one afternoon in November 2014, while she was jogging. Contrary to police reports, Daniels believes the tint installed on the truck obstructed the defendant’s view, resulting in the accident. “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 states. Initial police reports did not cite tint violations as a contributing factor, but rather the victim was outside of the crosswalk when she was struck. Since 1992, New York State law has required a 70 percent VLT, but the VLT of Hill’s tint was not reported in the court document.

Daniels’ is suing ABC claiming they, “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 … and therefore ABC is liable for compensatory damages to plaintiff …”

No date has been set, but a note of issue was filed on January 19, stating that the case is ready for trial. The last time Window Film magazine reported on the lawsuit, the New York Supreme Court was to hold a preliminary conference for Elvia Daniels v. Hills where a settlement could have been reached. However, it seems the lawsuit is moving forward with a trial by jury at this time.

The document reads:

“8. There are no outstanding requests for discovery.

9. There has been a reasonable opportunity to complete the foregoing proceedings …

12. The case is ready for trial.”

The plaintiff is seeking an amount in excess of $25,000 from both defendants for negligence.

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

Window Film magazine will continue to follow this case as it unfolds.

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5 comments
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  1. Interesting and a lesson to all tinting companies not to install dark film on cars.Leon Levy Klingshield South Africa

  2. Everyone that installs film should pay close attention to this. I wish the story had published what the actual VLT of the film that was installed. It would give a bit more insight on the situation.

    Steve

  3. Hi Steve!

    Unfortunately, the VLT is not listed in the court documents. I’ve been wondering the same, and I’m sure others in the industry are curious as well. Hopefully when the case goes to trial, more will come to light regarding that, but for now, it’s up in the air.

  4. Is there any update on this?

    Pedro

  5. Any update?

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