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The family of Terry DiFalco is suing Trooper Alexander Gelfand, who was driving on Central Avenue the evening of March 4, 2017, when he hit the girl, who was taking part in a scavenger hunt. Gelfand, of Cranford, was not criminally charged.
An attorney for the DiFalco family stated in court documents that the text from Gelfand was time-stamped 8:29 p.m., two minutes before police received a 911 call.
The expert, consulting engineer Donald R. Phillips, said Gelfand "failed to maintain a proper look out and did not perceive and react in a timely manner to the presence of the ‘the group’ crossing Central Avenue and Ms. DiFalco."
In a deposition, however, Gelfand stated he was looking "straight ahead" at the time of the crash.
The suit also names the Westfield Board of Education and the theater director at Westfield High School as defendants. Terry DiFalco was taking part in a scavenger hunt for theater students when she was killed.
A judge last week denied the school board's request to have the case against them and the theater director dismissed, TAPinto also reported.
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