Kerrville, Kerrville-Kerr County Airport face lawsuit in fatal drag racing crash

More than two years after a drag racing crash that killed three people, the city of Kerrville, the Kerrville-Kerr County Aiport Board and Airport Manager Mary Rohrer are facing a lawsuit from the families of the victims.

Filed on Oct. 20, the lawsuit seeks damages for the families of Rebecca Cedillo and Santiago Martinez, 8, who both died after a car lost control during the Oct. 23, 2021, Race Wars 2 drag race at Kerrville Kerr County Airport. Daniel Jones, who was six, was also killed in the crash, but his family is not a party to this lawsuit.

Filed in the 198th District Court, the suit alleges that the city, the airport and Rohrer were negligent in allowing the race to continue by not ensuring safe locations for spectators, enabling a drag race to happen on a surface not suited for the event, by not enforcing safety measures, including the use of barriers beyond the finish line and shut down area.

Attorney Andrew Toscano, who represents the plaintiffs, is asking the court to waive Kerrville’s sovereign immunity protection because the city was negligent in allowing an “ultrahazardous activity,” which state law determines that exhibition of speed, racing and reckless driving are indeed hazardous.

However, getting money out of the city and airport could be limited by a Texas Supreme Court ruling that capped personal injury liability at $250,000, but Toscano cites seven instances of loss. The attorney also requests gross negligence claims and demands a jury trial.

A separate lawsuit filed against race promoter Ross Dunagan and others is winding through the 45th District Court in Bexar County, with trial delayed until October 2024.

The case made national headlines when driver Michael Gonzales lost control of the Ford Mustang he was driving early into the race and then veered into the crowd past the finish line, where the water-filled barriers stopped. In almost all drag races, fans cannot be in the shutdown area, but in this case, fans extended beyond the 660-foot finish line, which was left unprotected.

The track was also not prepped for traction control, a critical distinction between what drag racers experience on professional tracks versus an airport. At permanent tracks, crews lay down rubber and chemicals to provide a sticky surface, allowing the vehicle to stay on the raceway.

Previously, The Lead requested documents from the city about its involvement in the race, which was denied because the city anticipated litigation.

“Furthermore, the anticipated litigation is based upon the subject matter of the request — the city’s potential role in approving and/or organizing the stock car race (sic),” the city wrote. “In short, this documentary evidence there is more than a chance of litigation.”