Driver who caused fatal MVA sued by victim’s mother

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The mother of a woman killed in a motor-vehicle accident has filed a wrongful death lawsuit against the driver who caused the crash.

Plaintiff Alva Jones filed the complaint Thursday in state Supreme Court. Jones is represented by Buffalo attorney Mark A. Overall.

The mishap occurred about 2:30 a.m. on Nov. 26, 2022. Smith and another person were involved in an illegal race, traveling as fast as 88 miles per hour on Brown Street, in a residential neighborhood in Rochester, according to the complaint.

Smith’s car collided with a car driven by Jones’ daughter, Alivia Curl, who died as a result.

Before the crash, Smith consumed alcohol and mind-altering drugs, according to the complaint. In November 2024, Smith was convicted of second-degree manslaughter and sentenced to five to 15 years in prison.

“Mr. Smith operated a motor vehicle at an unreasonably high rate of speed while being under the influence of both alcohol and drugs. This breached the duty of care that Mr. Smith owed to motorists and pedestrians alike that all persons operating a vehicle on a public road owe to the same. This breach of duty was a proximate cause of the death of Alivia Curl,” the complaint states.

Last year, Jones was contacted by the New York State Office of Victim Services and notified that Smith’s inmate account contains more than $10,000.

In September 2025, the Department of Corrections and Community Supervision (DOCCS) notified OVS that $6,178.48 was to be deposited into Smith’s inmate account, making the account balance $12,007.35.

OVS took steps to freeze the funds, which are now held in abeyance.

Under New York State Law, victims have seven years to file a lawsuit against a convicted person. Victims also have a three-year window to file a civil action against a convicted person which starts when the plaintiff discovers that the convicted person has at least $10,000 in money or assets.

Jones is seeking $7,200 from Smith.

In January 2019 Smith filed a lawsuit against Tiffany I. Henderson, accusing her of causing a collision with Smith’s car, and Smith suffered serious injury.

That complaint claimed that at about 2:13 a.m., on May 14, 2016, on Remington Street, Henderson attempted to pass three cars, including Smith’s, but collided with Smith’s car as he turned left onto Farbridge Street.

A stipulation of discontinuance was filed in that case in February 2019.

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