A lawsuit has been filed in the Bowie County District Court in reference to the tragic deaths almost two years ago of Megan Daniel, Katie Jo Vaughn and Ashlin Cox. The three died after the car they were riding in went off a dangerous curve on County Road 3302 near Chili Flats in western Bowie County.
The lawsuit was filed by the mothers of the three girls claiming negligence by Bowie County for failing to provide proper lighting, signage and a proper barricade at the curve in the county road where the three young ladies perished.
The body of the lawsuit reads: At all times mentioned herein, Defendant BOWIE COUNTY, was responsible for providing and maintaining adequate lighting, adequate barricades, and adequate signage to notify drivers of upcoming dangerous conditions on all County Roads and for maintaining said roads.
Lighting, warning signs, and barricades are all considered conditions of real property as defined in the Texas Tort Claims Act. On or about November 8, 2020, Megan Daniel, Katelyn Vaughn and Ashlin Cox were traveling on County Rd. 3302, a dirt/gravel road in Bowie County, Texas. Due to insufficient lighting, inadequate signage and an inadequate barricade, their vehicle left the roadway, struck some brush, then struck a large piece of concrete before rolling onto its side and into the creek where all three girls were trapped and ultimately drowned. Immediately after the incident, BOWIE COUNTY installed a rail on one side of the road which wasn’t supportive and pretty quickly washed away. BOWIE COUNTY then added a railing of some kind to both sides of the road, which is what had been in place years earlier before Defendant had it removed.
The petition filed with the court also notes the liability of the county claiming: Plaintiffs’ claims arise under Chapter 101 of the Texas Civil Practice & Remedies Code. Defendant has actual knowledge of the events giving rise to Plaintiffs’ claims, as the Bowie County Sheriff’s Department conducted an investigation immediately after the tragic accident. At all times mentioned herein, Defendant BOWIE COUNTY, was responsible for providing and maintaining adequate lighting, adequate barricades, and adequate signage to notify drivers of upcoming dangerous condition on the stretch of County Rd. 3302. At all times mentioned herein, Defendant BOWIE COUNTY, had such control over the condition of the real property in question that Defendant, BOWIE COUNTY owed certain duties to Plaintiffs, the breach of which proximately caused the damages set forth herein. Furthermore, Plaintiffs would show the court that the condition of the stretch of County Rd. 3302 had continued for such period that had Defendant, BOWIE COUNTY exercised ordinary care in the maintenance of the road it would have been noticed and corrected by such persons. At all times pertinent herein, Defendant, BOWIE COUNTY, and any of Defendants’ agents, who were acting in the scope of their employment, were guilty of negligent conduct toward the Plaintiffs in:
A. Failing to properly install and maintain adequate barricades;
B. Failing to install and maintain adequate lighting;
C. Failing to install and maintain signage to warn of approaching danger.
