KENDALL COUNTY, Texas – Two people injured in a deadly Kendall County bleacher collapse nearly two years ago have appeared to reach a settlement with the Kendall County Fair and several other defendants, according to court documents obtained by KSAT Investigates.
The people, identified in the documents as Lindsay Ward and Garret Daley, are represented by the San Antonio-based Thomas J. Henry law firm.
Recommended Videos
Terms of the settlement have not yet been disclosed. KSAT reached out to Thomas J. Henry for more details. This story will be updated with the firm’s response.
Among the other defendants listed in the suit are Kendall County Fair Association President Shane Boerner and multiple companies tied to Boerner.
Online court records also show a jury trial for Ward and Daley’s suit has been tentatively scheduled for June 22. An official from Kendall County’s 451st District Court told KSAT Investigates that the case is on the court’s jury trial docket “as of now (Wednesday).”
Ward and Daley were among the 12 people authorities said were injured when bleachers at the Kendall County Fair Grounds’ rodeo arena partially collapsed during the county’s annual Labor Day Weekend fair held on Aug. 31, 2024.
In all, eight of the 12 injured were rushed to a local hospital for various injuries. One of the eight hospitalized — 79-year-old Vera Smith — died six days after the collapse.
According to court documents filed in the 451st District Court and obtained by KSAT in January 2025, three lawsuits — including one from Smith’s family — were filed.
No violations found at the fair grounds one day before partial collapse
Records obtained by KSAT Investigates show three inspectors checked out the Kendall County Fair Grounds on Aug. 30 for a general inspection ahead of the Labor Day weekend fair.
The general inspection included the following, according to the city:
- Carnival rides
- Food trucks
- Fire extinguishers
- Electrical layouts
- Exhibit hall
- Exits
After conducting a walkthrough, the report said inspectors found no violations at the county’s Fair Grounds.
According to the city, the walkthrough did not include an inspection of any structures.
Kendall County DA elects to not file charges
In March 2025, the Kendall County District Attorney’s Office decided not to pursue criminal charges after the collapse.
The City of Boerne released a statement stating that none of the required city-issued building permits for the bleachers or the newly installed platform were applied for.
The district attorney’s office said there is “insufficient evidence to prove a criminal case beyond a reasonable doubt related to this matter.”
Read more reporting on the KSAT Investigates page.