The Kendall County Fair Association cancelled its annual general membership meeting Thursday in the wake of public release of three lawsuits filed against it, all stemming from an August 2024 fairground bleacher collapse that killed one person and injured 11 more.
Two sons of Vera Smith, the 79-year-old grandmother who died in the hospital six days after the collapse, have filed what is being described as a wrongful death lawsuit.
It claims the KCFA, a nonprofit that sponsors the Kendall County Fair every Labor Day, “improperly attempted to salvage an older structure instead of purchasing new and/or safe bleachers” and “failed to perform a sufficient inspection and evaluation to ensure the premises were safe to use.”
The three lawsuits have since been merged into one by the plaintiffs — including Caesar Jimenez Sr. and Crystal Alejandro of Uvalde, who were attending the pro rodeo that evening with their two children.
The suit, filed by Pablo Rivera of the San Antonio law firm Rivera Hernandez and Campos (RHC), says the family was seated in a VIP box attached to the bleachers when the structure collapsed. As the bleachers gave way, the family to the ground below.
It says Crystal Alejandro was able to grab her son but “her daughter was pinned between metal purlins” as her foot became wedged between a chair and one of the fallen metal beams. All four were transported to Methodist Hospital as a result, the suit states.
The suit claims the KCFA “created a dangerous condition, and negligently or willfully failed to warn (the family) of the condition,” claiming the defendants “should have known of the existence of the condition and that there was a likelihood of someone being injured” as a result.
Under the heading “Negligence,” the lawsuit said the defendants owed fair attendees a safe environment “including ensuring the structural integrity of the bleachers. Defendant breached this duty by failing to properly inspect, maintain, or repair the bleachers, resulting in their collapse.”
The family’s lawsuit seeks an award of $1 million for medical expenses past and future, physical pain suffered, mental anguish, physical impairment, lost wages and loss of earning capacity.
Walter Ball, assistant fire chief with the Boerne Fire Department, said a call was received about 9:15 p.m. Aug. 31. About 100 fair patrons were watching the pro rodeo that night when metal beams supporting the VIP section and walkway gave way, resulting in injuries to 12 patrons, eight of whom were taken to area hospitals.
The bleachers that collapsed were built without proper city permits and were not inspected by the Boerne Fire Marshal’s Office before the event, city officials said on Sept. 5.
The only permits KCFA applied were for a carnivals and fairs permit, which requires a “general grounds inspection” of the fairgrounds by the fire marshal’s office, the city said. That does not include inspections of structures “such as the newly constructed addition to the bleachers on the rodeo grounds which would have occurred with a building permit,” the city said.
The bleachers “were an old structure that was salvaged, and the new structure was made to house eight VIP sections, the bar and a common walkway. Additionally, welding work on the bleacher structure was still occurring up to the day before the event,” the city said.
Smith died six days later from injuries suffered in her fall. Her injuries include 12 broken ribs, a broken clavicle, a broken sternum and a severe concussion with brain bleed, a family spokesperson said.
Also injured was Bryan Verdekel, who also filed a similar lawsuit. He broke his ankle in the fall and had to have surgery afterward. His suit also seeks $1 million in damages. His is the third suit being merged into one against the KCFA.
Attorney David Jewett, with Thompson Coe law firm in San Antonio, is representing the Kendall County Fair Association. He declined to comment Friday, with the case currently in litigation.
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