Wrongful Death Lawsuit Filed Over ATV Accident That Killed Teen Girl

The mother of a teen girl who died this summer in an ATV accident has filed a wrongful death lawsuit against the owners of the property and those who supplied the underage girl and other teens with alcohol. 

The complaint was filed earlier this month by Carmell Hergert in Jefferson County, Texas District Court, following the death of her 16 year old daughter, Stevie Ray Hergert. Among defendants named in the lawsuit are Crown Pine Timber 1, and Campbell Timber Management, as well as the teens who were with her at the time of the accident, including Stan Fesmire, Nicholas Fesmire, Bryce Hoffpauir, Ethan Traxler, and Kenneth Beach.

According to a report by KMBT-12 News, Hergert was riding an ATV with two other teens when the vehicle hit the raised edge of a roadway and flipped, ejecting her and causing a traumatic head injury that ended her life. The lawsuit indicates that she and six other teens had been drinking prior to the ATV accident.

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The incident occurred at a deer camp owned by Crown Pine Timber and managed by Campbell Timber Management, which was leased to the father of Nicholas and Stan Fesmire, according to the lawsuit.

The complaint indicates that the teens had been riding several off-road vehicles that day through the adjoining property, but when it got dark they were supplied alcohol by Hoffpauir and Allison Griffiths, who is not named as a defendant. The lawsuit indicates that they became intoxicated while playing drinking games and were encouraged to go riding again by some of the other teens at about 3 a.m., when the fatal accident occurred.

The lawsuit accuses the camp owners and management company of failing to have safe road grades, while Stan and Nicholas Fesmire are accused of being in control of the property and failing to make the premises reasonably safe, failing to make sure the Polaris Ranger ATV was entrusted to a competent driver, and failing to exercise reasonable care.

Hoffpauir is accused of providing alcohol to minor children, encouraging them to drink, and creating an unreasonably dangerous situation. Beach is accused of failing to adequately supervise a minor entrusted to his care, and Traxler is accused of encouraging the use of excessive alcohol, and creating an unreasonably dangerous situation. The individuals are also accused of failing to properly render first aid and assistance.

Carmell Hergert is seeking damages for mental anguish, loss of consortium, medical expenses, funeral expenses, physical pain and anguish and physical impairment.


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