Lawsuit filed in child's death
by PHILLIP WILLIAMS
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The parents of a 6-year-old Union Grove boy who was killed when a commercial box delivery truck struck his family’s car last month filed a wrongful death lawsuit here Tuesday against the truck’s owner and its driver.

Jerry D. Croley and Melody Croley, parents of Nathan Connor Croley, filed the suit in 115th District Court through their attorney, Brent Goudarzi of Gilmer.

Defendants are Talley Rents, L.L.C. (also known as RentFirst) and its employee, Judson William Maurer of Longview.

Young Croley, who was in the back seat of a 2000 Toyota Camry driven by his father, died when the truck struck the auto from behind Jan. 29, said the Texas Department of Public Safety. The crash occurred on U.S. 271 in Union Grove.

Maurer, 28, escaped injury, but received a ticket for failure to control speed, said investigating DPS Trooper Wayne Cavanaugh.

The 2006 GMC truck was from the Gilmer branch of RentFirst, said Goudarzi.

It was undetermined whether young Croley was wearing a seat belt, said Cavanaugh, who said no belt could be found in the demolished rear end of the car.

The child was a first-grader at Union Grove Elementary School.

The 9-page lawsuit charges that Maurer’s negligence in at least six ways—including failure to control speed, to keep a “clear distance” from the car, and “to timely apply his brakes”—caused the crash.

The Croleys also allege that Talley Rents “was guilty of negligent entrustment and knew or should have known that. . . Maurer was a negligent and reckless driver.”

In addition, the suit says that Jerry Croley and Mrs. Croley’s teenage son, Clinton Ritchey, received “serious and permanent injuries” in the accident.

The lawsuit asks an unspecified amount of damages for medical expenses, mental anguish, and the child’s funeral/burial expenses, among other compensation.

The defendants had filed no reply to the suit as of mid-afternoon Thursday, said the Upshur County District Clerk’s office.
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