SMIT v. SXSW HOLDINGS, INC.

No. 17-50674.

903 F.3d 522 (2018)

Elisabeth Hendrika Sophia Maria SMIT, widow of M.G.H. Craenmehr and mother of Steven Craenmehr, Individually; Lizzy Jane Francis Plug, Individually, as Next Friend of M.C., a minor, and on behalf of the Estate of Steven Craenmehr, deceased, Plaintiffs-Appellants, v. SXSW HOLDINGS, INCORPORATED, formerly known as SXSW, Incorporated; SXSW, L.L.C., formerly known as SXSW Transition, L.L.C.; Patrick Lowe; Transportation Design Consultants, L.L.C.; City of Austin, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed September 12, 2018.


Attorney(s) appearing for the Case

Ryan Grant Anderson , Law Offices of Ryan G. Anderson, P.L.L.C., Suite 800, 405 N. Saint Mary's Street, San Antonio, TX 78205, Scott M. Hendler , Rebecca Ruth Webber , Hendler Law Firm, P.C., Suite 400, 1301 W. 25th Street, Austin, TX 78705 for Plaintiffs-Appellants.

Peter Drew Kennedy , Graves, Dougherty, Hearon & Moody, P.C., Suite 2200, 401 Congress Avenue, Austin, TX 78701 for Defendant-Appellee SXSW Holdings, Incorporated, formerly known as SXSW, Incorporated, SXSW, L.L.C., formerly known as SXSW Transition, L.L.C.

Peter Drew Kennedy , Graves, Dougherty, Hearon & Moody, P.C., Suite 2200, 401 Congress Avenue, Austin, TX 78701, Brantley Ross Pringle, Jr., Esq. , Mike Thompson, Jr., Esq. , Wright & Greenhill, P.C., Suite 500, 900 Congress Avenue, Austin, TX 78701 for Defendants-Appellees Patrick Lowe, Transportation Design Consultants,

Christine G. Edwards , Matthew William Tynan , Litigation Counsel, City of Austin, Law Department, 301 W. 2nd Street, P.O. Box 1088, Austin, TX 78767-1088 for Defendant-Appellee City of Austin

Before REAVLEY, GRAVES, and COSTA, Circuit Judges.


The 2014 South by Southwest Festival was marred by tragedy. An intoxicated driver fled Austin police and knowingly accelerated through a closed city block — crowd and all — killing four people and injuring many others. The family of one victim filed this wrongful-death suit against the festival organizers and...

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