Widowed by flood at camp, man sues

U.S. Forest Service negligent, claim says

— Another family has filed a wrongful-death claim against the U.S. Forest Service, alleging that it was negligent when it created a camping area at the Albert Pike Recreation Area and that the agency’s employees failed to warn and protect campers when the Little Missouri River flooded in June 2010.

Twenty people — eight of them children — died when roiling floodwaters swept through an RV campground known as Loop D.

The claim filed by survivor Jerry McMaster said that on June 10, 2010, he set up camp there along with his wife, Debra, and their two daughters, Alyssa and Erin.

The family spent the afternoon riding bicycles, meeting with their camp host and talking to park rangers planning a fishing tournament, the claim says.

No one ever expressed any concern about impending bad weather or cautioned the family that Loop D had a history of flooding, the claim says.

In the early morning hours of June 11, 2010, a storm system that had already flooded portions of central Texas moved into the Albert Pike area.

Those who slept in RVs weren’t aware at first that Loop D was flooding.

The claim says Jerry Mc-Master was awakened by another camper, who described problems upstream. The man, known only as Mr. Chriss, asked the McMasters if his wife and two young children could stay with them, the claim says.

At this time, Jerry McMaster became concerned about his dog, which was sleeping underneath the RV. When he went outside to check on the dog, the water was ankle-deep, the claim says.

Now worried, Jerry Mc-Master ushered his wife and children, as well as Mrs. Chriss and her two children, out of the RV, the claim says.

But the water made an escape to higher ground impossible.

Jerry McMaster lifted his children into a tree. Then, at his wife’s insistence, he climbed up the tree while holding the youngest Chriss child.

Mrs. Chriss held on to the base of the tree with her other child, as did Debra McMaster, the claim says.

Eventually, however, the river swept away the two women and the Chriss child.

The Chriss family survived.

When the floodwaters receded, Jerry McMaster helped the remaining children down from the tree. They waded to higher ground and waited in the rain and darkness until daylight, the claim says.

Several hours later, Jerry McMaster learned that his wife had died, the claim says.

His wrongful-death claim alleges “improper design, placement and construction of the Albert Pike campsite in a flood plain with a known history of flood events.”

The Forest Service ignored consultants’ recommendation that Loop D be limited to primitive camping because of its location in a flood plain, the claim says.

It also contends that the agency didn’t have an adequate warning system to notify campers of impending bad weather or dangerous conditions. Nor did it have polices for addressing flash flooding or training for staff and camp hosts on how to handle such an emergency, the claim says. The lawsuit also alleges that the Forest Service failed to: Post flash-flood warning signs. Give camp hosts vital information about storm warnings for that area. Evacuate campers. Maintain and/or repair emergency response and communication equipment. Rescue or give aid once the danger materialized.

In his claim, McMaster argues that he and his daughters are entitled to damages from the U.S. Forest Service. He also seeks any compensatory and punitive damages, along with recovery of all court costs and attorneys’ fees.

Tracy Farley, spokesman for the Ouachita National Forest, which encompasses and manages the Albert Pike area, said Thursday that she cannot comment on pending litigation.

Asked whether the agency has decided to reopen the Albert Pike Recreation Area, she replied, “No decisions have been made at this time.”

Attorneys for McMaster said they also cannot comment on pending litigation.

In recent months, three other families also have filed claims with similar allegations in federal court.

In one case, family members of two Louisiana teenagers filed a federal tort claim last December. The two boys survived but suffered injuries and trauma, according to the claim. One lost his father to the flood.

A judge dismissed the other lawsuit, filed in August 2011 by relatives of three people who died, at the request of the estate.

Arkansas, Pages 9 on 03/09/2012

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