(The Center Square) – A fourth wrongful death lawsuit has been filed against Camp Mystic, its owners and affiliates by the parents of six daughters who were killed there on July 4.
The initial lawsuit was filed by Houston parents Douglas and Jennifer Getten on behalf of their daughter, Ellen. It was later amended to include the parents of five campers: Abby Lynn Pohl, Greta Katherine Toranzo, Linnie Anne McCowen, Margaret Gaffney Sheedy and Mary Barrett Stevens. Houston-based Arnold & Itkan is representing the girls’ estates and their parents.
The lawsuit was filed in Travis County District Court and names Natural Fountains Properties, Inc., Mystic Camps Management, LLC, Mystic Camps Family Partnership, Ltd., Camp Mystic, LLC, William Neely Bonner III and members of the Eastland: Willetta, Seaborn Stacy, Mary Liz and Edward, who own and operate the camp.
In total, parents of 20 girls have sued, arguing their daughters’ deaths were preventable. Twenty-seven were killed on July 4, including 25 campers and two counselors. One camper’s remains, Cile Steward, have yet to be found.
The first lawsuit was filed by Houston-based Yetter Coleman, LLP on behalf of the parents of five campers and two counselors: Anna Margaret Bellows, Lila Bonner, Chloe Childress, Molly DeWitt, Katherine Ferruzzo, Lainey Landry and Blakely McCrory.
It alleges gross negligence and reckless disregard for safety by the defendants, stating they “had actual, subjective awareness of the risk but proceeded with conscious indifference to the rights, safety, and welfare of” their daughters, other campers and counselors;” their “acts and omissions proximately caused their injuries and death;” their “conduct after the deaths of their daughters was extreme and outrageous;” they “acted intentionally or recklessly,” which caused the parents to “suffer severe emotional distress, for which they seek damages.”
The second was filed the parents of Eloise “Lulu” Peck alleging her death was caused by the defendants’ negligence and gross negligence because they knew the camp’s facilities “were located in a flood zone, knew of the history of flash flooding in Kerr County, knew of repeated prior flood events at the Camp, and received warnings … about flood risk.”
The third was filed by Houston-based The Lanier Law Firm on behalf of the parents of six campers: Virginia “Wynne” Naylor, Hadley Hanna, and Jane “Janie” Hunt of Dallas; Lucy Dillon of Houston; Kellyanne Lytal of San Antonio; and Virginia Hollis of Bellville. It lists examples of alleged Camp Mystic negligence, recklessness and wrongful conduct, breach of fiduciary duty, failure to warn, and premises liability.
It alleges the girls “experienced conscious pain and suffering, horrific pre-impact terror, and mental anguish as the floodwaters rose and they faced imminent death.”
The Getten lawsuit makes similar negligence and gross negligence claims but includes additional plaintiffs. It also notes three of the camp businesses have failed to maintain a registered agent in Texas according to state law.
It also alleges the defendants and their agents “made material representations” to them “that were false when made,” that they “knew were false or made recklessly,” “had a duty to disclose but failed to disclose material facts,” misrepresented and/or omitted camp finances and insurance coverages “with an intent to induce Plaintiffs into allowing their daughter to attend summer camp. Plaintiffs relied to their detriment on those misrepresentations and/or omissions.”
It also claims the defendants used the camp’s “corporate fictions as a means of evading an existing legal obligation, namely, civil liability for negligence and gross negligence that killed Ellen, injured plaintiffs and caused plaintiffs to incur damages.”
It also points to camp communications as offensive and causing “intentional infliction of emotional distress.” This includes communication in the aftermath of the flood that didn’t indicate the seriousness of the situation or that some girls’ bodies had been found, announcing the camp was reopening next summer, publicly soliciting donations to rebuild and taking no responsibility for the girls’ deaths, the parents allege.
All lawsuits request a trial by jury and for actual and exemplary damages.
The camp’s legal counsel, Jeff Ray, has said, “We empathize with the families of the campers and counselors and all families in the Hill Country who lost loved ones in the horrific and unprecedented flood of July 4. We intend to demonstrate and prove that this sudden surge of floodwaters far exceeded any previous flood in the area by several magnitudes, that it was unexpected and that no adequate warning systems existed in the area. We disagree with several accusations and misinformation in the legal filings regarding the actions of Camp Mystic and Dick Eastland, who lost his life as well. We will thoroughly respond to these accusations in due course.”
After losing their 27 daughters, known as “Heaven’s 27,” the parents urged the state legislature to implement camp safety reforms. The legislature passed them, which were signed into law and currently are being implemented statewide, The Center Square reported.
