University And Officials Blamed For Fatal Bonfire Collapse

On Nov. 18, 1999, plaintiffs Dominic Braus, John Comstock, Christopher Lee Heard, Bryan McClain, Chad Powell, Matthew Robbins and Jerry Don Self were students at Texas A&M University in College Station. They were taking part in the assembly of the school’s annual bonfire, an event organized by the Texas Aggie Bonfire Committee, when the 60-foot stack of logs collapsed. Twelve people were killed, including Heard, McClain, Powell and Self, and 27 were injured, including Braus, Comstock and Robbins. A commission formed by the university found the stack had excessive internal stresses and that wiring used to tie the logs together was inadequate.

Braus, Comstock and Robbins, along with the estates of Heard, McClain, Powell and Self, sued Texas A&M, the bonfire organizing committee, and the university’s administrators individually, alleging negligence. The plaintiffs claimed the student organizers who directly oversaw the construction of the bonfire were not adequately supervised by the university, and that as a result engineering and safety standards were inadequate.

The plaintiffs claimed the university was aware of the danger of collapse, arguing there had been a partial collapse of a bonfire in a previous year and reports of alcohol use and unsafe horseplay during construction in previous years.

The defendants denied liability, claiming they acted in good faith and were entitled to sovereign immunity and official immunity.

A separate suit against 25 student volunteers involved in supervising construction of the bonfire was settled in 2004 for $4.25 million.

Heard, McClain, Powell and Self sustained fatal injuries in the collapse.

Comstock was the last survivor removed from under the logs. He sustained injuries that required his left leg to be amputated above the knee and removal of most the muscles in his back, seriously limiting his ability to lift objects. He also sustained nerve damage to his dominant right hand, which is no longer able to pinch or grip.

Braus sustained a severely torn bicep in his dominant right arm, and required two surgeries to reattach the muscle. He claimed he still has limited range of motion in his arm, and that he is undergoing treatment for post-traumatic stress disorder. A member of the university’s Corps of Cadets before the accident, his application to join the U.S. Army was turned down because of his injuries.

Robbins sustained a fractured thoracic disc, which he said continues to cause him back pain. He also claimed to be undergoing treatment for post-traumatic stress disorder.

The plaintiffs sought an unspecified amount for loss of consortium, future lost income, and past and future pain and suffering, physical impairment and medical costs.

The parties settled before trial for $2.1 million.

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