Parent Of Child Driver Sued In Fatal Hempstead County Side-By-Side Crash

HEMPSTEAD COUNTY, Ark. – The mother of a minor girl who was driving a 2019 Polaris Ranger when it crashed into a ditch in rural Hempstead County and killed a 10-year-old passenger is facing a wrongful death lawsuit in state court.

An adult brother of the boy who died in the Dec. 30, 2024, crash filed the lawsuit last week on behalf of himself and the deceased boy’s estate against Misty Appelgate.

Applegate’s daughter wasn’t old enough to operate the vehicle, according to the complaint brought by Matthew Kroll of Domino, Texas. According to an Arkansas State Police fatal crash summary, the driver lost control of the 2019 Polaris Ranger and it careened into a ditch where it struck a culvert and rolled. The crash happened in rural Hempstead County as the vehicle was driving south on Hempstead County Road 5 at about 4:30 p.m.

One child was killed and two others suffered injuries, according to the crash report. The crash survivors were treated at Arkansas Children’s Hospital in Little Rock, the report said.

Kroll’s complaint accuses Applegate of negligence for entrusting the vehicle to her minor daughter and for failing to ensure the safety of Kroll’s brother, referred to in the lawsuit by his initials, R.J.H.

Applegate was also negligent for failing to have someone “of age” drive the vehicle and for failing to “ensure proper safety equipment was being worn while riding on the UTV,” the complaint alleges.

Kroll is seeking a damages award meant to compensate himself and other beneficiaries of his brother’s estate for the loss of their loved one, as well as attorney fees.

Kroll is represented by Benton Gann of Bailey & Galyen. Counsel information for Applegate was not available Monday.

The case has been assigned to Circuit Judge Duncan Culpepper.