First lawsuit filed against Camp Mystic by parents of 5 campers, two counselors who died in flood

The first lawsuit was filed Monday against Camp Mystic by parents whose daughters were killed on July 4 when a flash flood ripped through two cabins, killing 27 campers and two camp counselors.

The lawsuit was filed in the District Court of Travis County alleging gross negligence and reckless disregard for safety by Camp Mystic, its owners, and affiliated entities under the Texas Wrongful Death Act, Texas Civil Practices & Remedies Code and Texas Survival Statute.

It alleges the defendants “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.”

“Our clients have filed this lawsuit to seek accountability and truth. Camp Mystic failed at its primary job to keep its campers and counselors safe, and young girls died as a result,” their attorney Paul Yetter said. “This action is about transparency, responsibility and ensuring no other family experiences what these parents will now suffer the rest of their lives.”

The lawsuit claims the girls “died because a for-profit camp put profit over safety. The camp chose to house young girls in cabins sitting in flood-prone areas, despite the risk, to avoid the cost of relocating the cabins. The camp chose not to make plans to safely evacuate its campers and counselors from those cabins, despite state rules requiring evacuation plans, and not to spend time and money on safety training and tools. Instead, the camp chose to assure its campers and counselors that these cabins are built on ‘high, safe locations.’ And the camp chose to order its campers and counselors, as a matter of policy, to stay in these flood-plain cabins regardless of life-threatening floods.”

Located next to the Guadalupe River in a region known as “Flash Flood Alley,” Camp Mystic has long operated in a high-risk flood zone with one of its owners previously evacuating by helicopter to give birth, according to a previous lawsuit the owners were involved in and multiple news reports. Despite this, the camp’s owners “failed to adopt legally required evacuation plans, ignored repeated weather warnings, and implemented unsafe policies,” the lawsuit alleges. It also cites camp policy, including Camp Mystic leaders ordering campers to remain in their cabins as floodwaters rose, and prioritizing removing equipment instead of evacuating children, which the parents argue led to the deaths of their daughters.

“We carry the memory of our daughter in everything we do. This legal step is one of honoring her, and we believe that truth and justice are essential to finding peace – not only for our family, but for every family affected,” Ryan DeWitt said. “We trust that through this process, light will be shed on what happened, and our hope is that justice will pave the way for prevention and much-needed safety reform.”

The lawsuit is seeking “full actual damages, including conscious pain and suffering before death, conscious mental anguish suffered before death, funeral expenses, past and future mental anguish, past and future counseling expenses, past and future loss of companionship and society, loss of services, and past and future lost earning capacity. Plaintiffs also seek exemplary damages, prejudgment and post-judgment interest, all costs of suit, and all other relief to which they are entitled at law or in equity.”

The plaintiffs are Warren and Patricia Bellows, parents of Anna Margaret Bellows; Blake and Caitlin Bonner, parents of Lila Bonner; Matthew and Wendie Childress, parents of Chloe Childress; Ryan and Elizabeth DeWitt, parents of Molly DeWitt; John and Andrea Ferruzzo, parents of Katherine Ferruzzo; Ben and Natalie Landry, parents of Lainey Landry; and Lindsey McCrory, mother of Blakely McCrory.

Houston-based Yetter Coleman, LLP is representing them.

The lawsuit requests a trial by jury.

The camp has denied any wrongdoing and has yet to issue a statement in response to the lawsuit.

An attorney representing the camp claims the camp “failed no one.”