Kerrville says it’s immune from fatal drag racing crash lawsuit

The city of Kerrville rejected claims last month that it was partially responsible for a 2021 drag racing crash that left three dead, including two children.

The families of the late Santiago Martinez and Rebecca Cedillo are suing Kerrville, the Kerrville-Kerr County Airport and Airport Manager Mary Rohrer for damages for negligently managing the Race Wars event. Race promoter Flyin’ Diesel Productions faces another lawsuit related to the crash in Bexar County.

However, Kerrville’s Austin-based law firm rejected the claim, saying the city was immune from litigation. The city said that the plaintiffs hadn’t proven the city was not immune from litigation and that the city was performing its governmental duties.

Neither the airport board nor Rohrer have responded to the lawsuit, which seeks potentially millions in damages. In most cases, governmental agencies receive protection against massive personal injury or death cases.

Filed before the statute of limitations ran out, the central claim is that the city and its co-defendants were not diligent in ensuring the safety of spectators. The city said it was the promoter’s responsibility and pushed back against a claim that the city knew about the inadequacy of protective barriers.

The city added that while it owns the airport with Kerr County, the airport board exercised the logistical authority to approve the race, along with the Texas Department of Transportation.