A Hays County wedding venue has dropped its counterclaim against a woman who filed a lawsuit this summer accusing the business of refusing to refund her after her fiancée died suddenly, months before the wedding was scheduled to take place.
The counterclaim from Posey Meadows against the surviving fiancée was not part of an amended answer filed in the case Tuesday.
In a statement, Posey Meadows addressed the latest step in a suit that has brought a flood of negative attention to the venue.
“Our thoughts continue to be with Diego’s family and loved ones, and we extend our deepest condolences. Posey Meadows is not pursuing any claim against (redacted) and is not seeking any further payment from her. When we were told of Diego’s passing, we wanted to help. We have always asked for confirmation of the circumstances when making an exception to our cancellation policy. When families have provided it in other difficult situations, we have made exceptions and refunded them in full. Our goal is to treat every family and every client fairly, compassionately, and consistently. In early May, we asked the family for a copy of the death certificate, and they told us they would provide it. While waiting, we wanted to do our part and searched for an obituary, a funeral or memorial notice, and any other public confirmation of Diego’s passing, but were unable to locate anything. We continued checking over the following months. We did not receive a copy of the death certificate until mid-August, after they had filed the lawsuit and after we had responded to it—as we were required to do. Our efforts were never meant to diminish the family’s loss. We regret that the litigation process has complicated what we hoped would be a speedy and compassionate resolution. We are hopeful an agreement will be reached very soon, and we sincerely hope it allows everyone involved to move forward with peace and healing.”
An attorney for Posey Meadows, who confirmed she had earlier this week replaced the attorney who filed the counterclaim, said the venue has offered to settle the case and is waiting to hear back from the plaintiff’s attorney.
The woman, who asked that she not be identified by KSAT, was scheduled to marry Diego Hernandez at the venue outside San Marcos on Nov. 20.
Hernandez, 25, died suddenly in late April.
The couple had paid $15,909.28 toward their wedding at Posey Meadows before his death, according to court records and a venue contract obtained by KSAT Investigates.
After notifying the venue’s owner in April that the wedding could not move forward, the family sought to have the money returned to Diego Hernandez’s fiancée.
Emails obtained by KSAT show Posey Meadows owner Julie Campbell told a member of the fiancée’s family that the venue was open to discussing other options.
Those included transferring the booking to a future date or applying the balance toward another type of event.
Campbell also wrote that if Posey Meadows was able to rebook the couple’s original wedding date, a partial refund might be possible.
But Diego’s mother, Lucy Hernandez, said that in early May, just before she went to see her son’s body for the last time, she spoke with Campbell by phone about returning the money.
Lucy Hernandez said the conversation became tense and that Campbell ultimately told her the money would not be refunded.
“Where are their morals? Where are their moral principles?” Lucy Hernandez said. “We don’t have a fight in us. We don’t. We’re emotionally drained. This is just weighing heavily.”
An attorney representing Diego’s fiancée sent Posey Meadows a demand letter in late June seeking the return of the money.
When the dispute remained unresolved, the fiancée filed a lawsuit against the venue in Hays County district court in late July.
The lawsuit describes Posey Meadows’ decision to retain the money as an “unjust and ghoulish windfall built on a young man’s death.”
The venue then took its own legal action, records show.
Posey Meadows filed a countersuit against Diego’s fiancée, accusing her of breaching the couple’s contract.
According to the counterclaim, the fiancée not only sought the return of money already paid but also refused to pay the remaining balance required under the wedding contract.
The surviving fiancée’s attorney did not respond to a text message seeking comment on Wednesday.
