KERR COUNTY, Texas - A Texas law firm has filed what is believed to be the first lawsuit in Kerr County related to July's deadly and devastating flooding.
The suit, filed by Glasheen, Valles & Inderman Injury Lawyers, is on behalf of the family of 22-year-old Jayda Floyd of Odessa, one of 118 people who died in Kerr County during the flooding.
Jayda Floyd (Glasheen, Valles & Inderman law firm/Family of Jayda Floyd)
What we know:
Jayda Floyd was staying at the HTR TX Hill Country Resort, an RV park and campground on the Guadalupe River in Kerrville, with her fiancé and his family when floodwaters began rising overnight, according to the law firm.
The law firm says that Jayda's last heroic act was helping her fiancé's teenage stepsiblings climb up on the roof of the RV, saving their lives.
Jayda had been working as a juvenile probation officer in Ector County while pursuing her master's in psychology at the University of Texas-Permian Basin, with the hope of helping at-risk youth.
The lawsuit
The lawsuit names The Davis Companies and its HTR Kerrville Inc division, Blue Water Development LLC, and the resort's general manager, Ilana Callahan, as defendants.
The lawsuit alleges that despite being aware of the risk of flooding, including catastrophic flooding, the defendants continued to operate the resort, did not warn visitors of the risks, and failed to evacuate the premises in a timely manner when flooding happened.
The lawsuit also alleges that structures at the resorts were not designed to withstand flooding conditions such as the July floods.
The lawsuit states that the plaintiffs, Jayda's family, are seeking monetary relief of over $1 million.
What they're saying:
"She was someone who was going to make a difference in the lives of people, particularly kids," said Jayda's father David Floyd in a release.
Attorney Kevin Glasheen stated: "The family wants answers and accountability. They want to know why the resort had no effective system to monitor extreme weather and flooding, no adequate warning for guests like Jayda, and no timely evacuation procedures."
"Businesses operating campgrounds along the river have known about its flooding history for decades," said Jon Clark, attorney for the family. "We will investigate what steps—if any—were taken to monitor conditions and warn guests of the danger they were in."
A spokesperson for HTR TX Hill Country issued a statement on the lawsuit to FOX 7 Austin, saying:
"Our hearts go out to Ms. Floyd’s family, her fiancé, and other loved ones – and to all of those who were impacted by the flooding that devastated the Kerrville community. As has been widely acknowledged by state and local authorities, meteorologists, and other experts, no one could have anticipated the unprecedented severity and rapid onset of the flooding that occurred and that exposed serious failures in public warning systems and emergency response protocols. While we have not yet been served with this complaint, we have reviewed a copy. We reject its fundamental thrust and will be prepared to vigorously defend ourselves in court."
The Source: Information in this report comes from the law firm of Glasheen, Valles & Inderman and previous reporting. This story is reported from Austin.