Girl’s parents file wrongful death suit in fatal crash

Suit also accuses David Jensen, his parents of negligence in death of Olivia Hyten

Friday, May 29, 2009 | 9:50 a.m.

Olivia Brandise "Lynn" Hyten

Mom charged with supplying alcohol for teen hotel room party

A wrongful death and negligence lawsuit has been filed against a teenager and his parents over a November vehicle accident that killed Coronado High School sophomore Olivia Hyten.

The girl's parents filed suit Tuesday in Clark County District Court against David Jensen, the driver of a pickup truck Olivia Hyten was a passenger in when it rolled on Nov. 14. Also sued were Jensen's parents, Lynn Steven Jensen and Judy Meldrum Jensen.

Teresa Brandise and Timothy Hyten, Olivia's parents, allege in the suit that negligence on the part of David Jensen led to the death of their daughter.

The suit alleges David Jensen's parents are also responsible for letting David drive their 2004 Silverado pickup, despite allegedly knowing he was an unsafe driver.

Attorney Bill Terry, who represented David Jensen in a criminal case over the fatal wreck, could not immediately be reached for comment on the lawsuit Friday.

Henderson police said the vehicle David Jensen was driving carried three passengers and that it crashed and rolled on Grand Hills Drive in Seven Hills.

This week's lawsuit alleges that at the time of the wreck, David Jensen, 16 at the time, had a limited driver's license permitting him to have no passengers in any vehicle he drove except for an adult relative.

Olivia Hyten's parents allege David Jensen's parents knew of this restriction, that he was driving with their permission at the time of the wreck and "they knew that their son was an unsafe driver, repeatedly drove in an unlawful and unsafe manner, that he was unfit to operate the subject vehicle and that he would operate it in an unsafe manner."

The plaintiffs contend David Jensen was driving under the influence of alcohol at the time of the wreck, that his parents breached their duty that he drive in a lawful and safe manner and that under Nevada law David Jensen's criminal conviction in the case "is conclusive evidence of all facts necessary to impose civil liability."

The suit seeks unspecified damages, including punitive damages, for pain suffered by Olivia Hyten, who was 15, and for the parents' loss of their daughter.

In February, David Jensen was sentenced to six months in youth detention after pleading guilty to involuntary manslaughter in the death of Olivia Hyten.

David Jensen also lost his driver’s license, will be on probation until he is 21 and must perform 500 hours of community service speaking to other teenagers about the dangers of speeding.

He also pleaded guilty to aggressive driving that resulted in injuries sustained by another teen, Stephen Lubawy, who was riding in the vehicle.

In the criminal case, David Jensen acknowledged he was neglectful, driving 62 mph in a 25 mph zone, and that his neglect resulted in Hyten’s death and Lubawy’s injuries, which included a fractured vertebrae and internal bleeding.

Terry, David Jensen's attorney, has said he hadn’t been drinking or taking drugs and he remained on the scene of the crash until police arrived. Terry has said the crash in large part resulted from David Jensen's inexperience at driving.

In September, Jensen had been cited for driving 48 mph in a 25 mph zone.

Separately, two adults were charged with providing alcohol to minors at a party in Henderson this month. Investigators said that some of those teens were at the scene of the crash that killed Hyten.

This week's lawsuit was filed by attorneys Robert Adams and David Tanner of the firm Mainor Eglet Cottle.

Discussion: 13 comments so far…

By jaesun

5/29/09 at 10:11 a.m.

Suggest removal

should make it to where you can't get a license until your 18, period. what you need a license for under that age anyways? bragging rights at school?
By JPM42

5/29/09 at 10:16 a.m.

Suggest removal

Interesting how Michael Mosley gets off scott free in this whole deal when he was racing the vehicle Olivia had been riding in!

I guess it really is true.. with friends (or in this case family) in high places.. one can get away with anything!
By Fred_Flintstone

5/29/09 at 10:24 a.m.

Suggest removal

Yes. Bragging rights at school! You should see the cars many of these teens are driving to school at Coronado and Green Valley High these days. Parents with limited or no education, financing their "vegas lifestyle" from real estate and cocktail waitressing tips and second and third mortgages, giving their teens their "hand-me-down" Lexus, Infinity, Hummer, financing a $4 Grand hotel room party at the Palms for thier kids' sweet 16 party, buying booze and god knows what else. All to keep up with the other disfunctional, disoriented, overly leveraged Jones.
By rejco100

5/29/09 at 10:49 a.m.

Suggest removal

What happened to the ABSOLUTE FORGIVING POWER of "Jesus" and we should do the same and move on with our lives; you know, all that "She's with the Lord and in a better place" stuff? You mean that stuff is not real?
By GunslingerA10

5/29/09 at 11:39 a.m.

Suggest removal

1. Was the boy charged with kidnapping?

2. Did the girl ride along under her own?

3. Did the girl have knowledge that he was a horrible driver?

4. Was everyone wearing their seatbelts?

5. What was the alcohol level of everyone in the vehicle?

May both families find peace soon for such a terrible tragedy, may Olivia Brandise "Lynn" Hyten rest in peace. It is always a sad day when someone as young as Lynn to pass.

The world and our community will lose all the love and happiness she could bring. We will never know the full measure of her future creativity or new insights in this life.

God have mercy on all of us.
By america1

5/29/09 at 12:15 p.m.

Suggest removal

I've had to bury two of my kids and I don't care how much money someone gave me,it would never fill the hole that they left.If Lynn's parents think it will,I really feel sorry for them.
By jaesun

5/29/09 at 12:43 p.m.

Suggest removal

this is america, land of the greed
By srb

5/29/09 at 2:11 p.m.

Suggest removal

Maybe she should have been wearing her seatbelt. I find it very disturbing that when her mother was interviewed about seatbelts she said that Lynn didn't believe in wearing seatbelts. Completely rediculous and against the law. Lynn made the decision to get into the car and not wear a seatbelt...
By Fred_Flintstone

5/29/09 at 2:49 p.m.

Suggest removal

Wearing a seatbelt or not does not eliminate the responsibiity of the driver driving in violation of his restrictions or the driver's parent's allowing their minor child to drive in violation of his restrictions.
By jaesun

5/29/09 at 3:31 p.m.

Suggest removal

still, the fact of the matter, she chose not to wear a seatbelt, but i guess its all a matter of the greater evil right?
By whats_in_the_box

5/30/09 at 12:05 a.m.

Suggest removal

Why did her parents let her hang out with the loser in the first place? They should be suing the Mosley family too.
By friday

5/30/09 at 12:19 p.m.

Suggest removal

I'm guessing her family was not aware that this boy had an unsafe driving record and was not licensed to drive passengers. However, his own parents surely knew how dangerous he was and continued allowing him to drive their vehicle. As a parent I am aware that I am responsible if my child hurts someone with my car. If my daughter had this boy's driving history she would NEVER drive my car again, because I would never want to risk her hurting someone else, or herself, or LOSING MY HOME! That is exactly the chance his parents made by not taking their vehicle away from him. By not making him accountable and giving him consequences for his previous mistakes, they allowed this tragedy to happen. The writing was on the wall and they ignored it.
By annienonymouse

5/31/09 at 6:43 a.m.

Suggest removal

Why wasn't he charged as an adult? It's almost as though he had his hand slapped. I agree with america1, no amount of money will bring her back, but if this makes them feel better, then go for it.