Parents sue Republic Services after truck ran over their son

By Steve Green

Monday, March 16, 2009 | 12:12 p.m.

A police investigation found Republic Services was not at fault in a 2008 traffic accident in which a Las Vegas boy was killed, but Republic nonetheless is being sued over the incident.

The Las Vegas Metropolitan Police Department said Travis Smith, 11, was killed on Oct. 4 while riding his bicycle in East Las Vegas when he failed to stop at a stop sign and was hit in an intersection by a Republic pickup truck.

Metro Police Detective William Redfairn today said the Republic driver, Pearce Thorns, 21 at the time of the accident, had done nothing wrong and was not charged.

But the parents of Travis, Dianna Smith and Kevin Smith, allege in a March 12 lawsuit filed in Clark County District Court that Thorns was negligent in operating the vehicle, that Thorns failed to keep a proper lookout, that Republic was negligent in training and supervising Thorns and that Republic failed to properly maintain the vehicle.

Their suit against Republic and Thorns seeks general and punitive damages that are unspecified, but that are more than $30,000.

Asked about the suit, Republic Services said in a statement: "This was a tragic accident and our sympathies are with the family. The police investigation determined that the Republic Services driver was not at fault and could not have done anything to prevent the accident."

The accident happened at 9:28 on a Saturday morning. Metro said Republic's 2008 Ford F-350 pickup truck was southbound on Morris Street -- near Nellis Boulevard and Hacienda Avenue -- when Travis, riding a BMX Fury bicycle east on Danica Way, didn't stop at the sign and was struck.

The lawsuit says that because of the accident, Dianna Smith and Kevin Smith "were caused to suffer grief and sorrow, loss of probable support, companionship, society, comfort and consortium."

The suit was filed by attorneys Thomas Christensen and Ryan Anderson of Christensen Law Offices.

After Anderson was asked about the suit today, Travis's parents issued this statement through Anderson:

"Republic Silver State employees drive vehicles through our neighborhoods and communities every day. We trust them to drive cautiously, especially when children are out of school and out playing. Republic's driver ran down an 11-year-old boy on a Saturday morning.

"We believe Travis' death should have been prevented and we decided to file suit so that those responsible for our son's death will be held accountable.

"We are so grateful for the support we have received since this tragedy. We feel overwhelmed with the generosity and kindness shown by friends, teachers, law enforcement and the entire community. Your help has not gone unnoticed."