4 days ago
Family of flood victim sues RV park over alleged negligence
AUSTIN (KMID/KPEJ)- Loved ones of 22-year-old Jayda Floyd, an Odessa juvenile probation officer who lost her life last month in the devastating floods that swept through the Hill Country, have filed a lawsuit against the RV park, attorneys with Glasheen, Valles & Inderman announced Tuesday afternoon.
Jayda was staying at the HTR TX Hill Country Resort, a luxury RV park and campground on the Guadalupe River in Kerrville, Texas, over the Fourth of July weekend with her fiancé, Odessa Police officer, Bailey Martin, and his family, when floodwaters roared through the area overnight. Woken by the commotion, attorneys for the family said that Jayda helped Bailey's teenage siblings climb onto the RV before she was swept away. That last heroic act saved the teens, but tragically, Jayda, Bailey, and Bailey's father and step-mother, Bobby and Amanda Martin, were killed.
A dedicated juvenile probation officer in Ector County, Jayda was pursuing her master's degree in psychology at the University of Texas Permian Basin. Her mission was to serve at-risk youth and change the course of young lives.
'She was someone who was going to make a difference in the lives of people, particularly kids,' said her father, David Floyd.
Attorney Kevin Glasheen said, '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.'
The lawsuit states that the defendants may have ignored the following warnings:
● 5:47 p.m. Wednesday, July 2: Texas Division of Emergency Management (TDEM) announced the agency activated state emergency response resources in anticipation of flooding in West and Central Texas
● Morning of Thursday, July 3: National Water Center issues Flood Hazard Outlook, identifying flash flood potential for Kerrville and surrounding areas, according to the Department of Homeland Security
● Approximately 1:45 p.m., Thursday, July 3: A Flood Watch was issued for Kerr County
● 6:22 p.m. Thursday, July 3: National Water Center warns of considerable flooding risks north and west of San Antonio, including Kerrville, according to the Department of Homeland Security
● Approximately 8:12 p.m. Thursday, July 3: The Flood Watch was extended
● 1:14 a.m. Friday, July 4: Flash Flood Warning with 'Considerable' tag issued for Bandera and Kerr Counties, triggering Wireless Emergency Alerts (WEAs) and NOAA Weather Radio notifications, according to the Department of Homeland Security
● Approximately 2:37 a.m. Friday, July 4: The Flash Flood Watch was extended
● 3:19 a.m. Friday, July 4: A River Flood Warning was issued for the Guadalupe River at Hunt
● Approximately 3:28 a.m. Friday, July 4: A Downstream River Flood Warning was issued for the Guadalupe River in Kerrville
● Approximately 3:36 a.m. Friday, July 4: A Flash Flood Warning was issued for south-central Kerr and northwest Bandera Counties
● Approximately 3:56 a.m. Friday, July 4: A new River Forecast Warning was issued for the Guadalupe River at Hunt
● Approximately 4:04 a.m. Friday, July 4: A Flash Flood Emergency was issued
● 4:23 a.m. Friday, July 4: NWS posted on X that 'a PARTICULARLY DANGEROUS SITUATION and a Flash Flood EMERGENCY is in effect'
● 5:34 a.m. Friday, July 4: A Flash Flood Emergency for the Guadalupe River from Hunt through Kerrville and down to Center Point was issued
According to reports, police and fire officials observed RVs being swept away in the darkness at or near the campground around 5:00am. Surviving guests of the HTR TX Hill Country Resort campground report that it was someone honking a car horn that awoke them, and they were barely able to escape with their lives as the water rose from ankle deep to waist deep in minutes. Witnesses report watching in horror as the flood waters carried away entire cabins, ripped from their foundations, and RVs, while people trapped inside them screamed for help.
'Defendants were negligent and grossly negligent for the following reasons,' the lawsuit stated:
a. Failing to establish proper storm and flood monitoring procedures;
b. Failing to provide proper equipment and training for their employees and/or agents to monitor the potential for catastrophic flooding;
c. Failing to establish proper emergency response procedures;
d. Failing to establish proper evacuation procedures and processes;
e. Failing to properly, safely, and timely evacuate the property;
f. Failing to warn guests of the risk of flooding and/or of the actual flooding that occurred;
g. Placing guests in a known floodplain with a history of dangerous flooding;
h. Installing structures not designed to withstand flooding conditions;
i. Failing to implement sufficient infrastructure improvements and maintenance to establish and maintain a safe means of egress from the property to safety in the event of a flood such as the one encountered;
j. Any violations of applicable, local, state, and federal laws and/or regulations;
k. Vicarious liability for the conduct of its agents and/or employees; and
l. Other acts negligent acts or omissions identified throughout the course of the lawsuit.
'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.'
In response to the lawsuit, a spokesperson for HTR TX Hill Country said, '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.'
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