ELYRIA — An Elyria couple injured in a January car crash that killed a 6-year-old girl has sued the driver accused of causing the accident.
Orie Wayne Rollyson and Kimberly Rollyson filed the suit Tuesday in Lorain County Common Pleas Court against Donald J. Buchs, Don E. Buchs and his company, All American Demolition Corp.
Donald J. Buchs originally was facing charges of DUI and failure to maintain assured clear distance, but those charges were dropped in Elyria Municipal Court in January because of concerns about the speed with which the case would have needed to be tried.
Lorain County Prosecutor Dennis Will said Tuesday his office is still reviewing the matter for possible charges in the Jan. 22 crash that claimed the life of Alia Bailey.
Buchs, 24, was headed south on state Route 57 in Elyria in a Ford F-150 when he struck the Ford Explorer driven by Alia’s mother, Nancy Burnett, and Rollyson’s flatbed tow truck, which were headed south.
The Explorer was in the left turn lane next to the tow truck, as was a Nissan Rogue drive by Ronald Zidek. Police have said Buchs’ pickup hit both the Explorer and the tow truck, which was pushed into the Rogue.
The Explorer was pushed through the intersection and hit a Dodge Durango driven by James Hoyt and a Chevrolet Malibu driven by Katrina Mitchell.
All of the vehicles had been stopped at red lights with the exception of Buchs’ F-150, according to police.
Burnett and Alia were flown to MetroHealth Medical Center in Cleveland. Alia died from her injuries Jan. 26.
Stephen Meckler, the Rollysons’ attorney, said his clients also suffered injuries in the crash. He also said the tow truck that they relied up to operate their business, K&W Roadside Service, was destroyed.
“Basically, they’re out of business until they can replace the vehicle,” he said.
Meckler said the need to get the company operating again is the reason he filed the lawsuit so quickly. He said Buchs’ insurance company wants to resolve all potential claims over the crash at the same time, but his clients’ business can’t wait.
The lawsuit, which accuses Buchs of negligence, asks for more than $125,000 in damages.
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