Santa Barbara County Juvenile Court Judge Thomas Adams is considering whether evidence brought up during a vehicular manslaughter criminal case for the 2010 death of a Montecito pedestrian can be used in the subsequent wrongful death civil case filed against the driver and his parents.
Tyler Fourmy, now 19, was sentenced Oct. 17 to 45 days in Santa Barbara County Juvenile Hall, probation and community service after pleading guilty to hitting and killing 47-year-old Florinda Flores with his minivan while she was walking to a bus stop near her home on Coast Village Road in Montecito on May 27, 2010.
Fourmy and his parents have been sued in a wrongful death lawsuit by Flores’ husband, brother, sister-in-law and daughter.
The Fourmy family has filed cross-complaints against Smitty’s Towing, the company that mistakenly destroyed the van Tyler was driving. The van was supposed to be held as evidence but was sold and destroyed a few months after the fatal accident.
All parties argued before Adams on Wednesday afternoon, but no decision was reached, according to Jeffrey Young, the attorney representing Flores’ family.
Young wants to use interviews, depositions, photographs, toxicology tests and other information from the criminal case in the civil case, which alleges that the Fourmys were negligent. Since Fourmy was charged as a juvenile — he was 17 at the time of the accident — that information is considered confidential.