After loss of 2 young children in SUV fire, family continues legal fight in federal court

By Rex Hodge

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    ASHEVILLE, North Carolina (WLOS) — The family of two young children who were killed in a vehicle fire in Jackson County almost four years ago was back in court Friday, Feb. 11, seeking accountability.

Despite setbacks in seeking that accountability, the family of the children’s mother, Kristina Frost, isn’t giving up on its legal challenges.

Kristina was behind the wheel in the 2018 crash. The fire caused by the crash took the lives of her two children, 2-year-old Tristan Mays and his 5-year-old sister, Shawna.

Ever since the July 2018 accident along Highway 74 in Jackson County, the Frost family has sought answers.

“We still don’t have the full facts of what actually caused the fire,” said Tammy Frost, the mother of Kristina Frost.

The Frost family’s first case claimed a manufacturing defect in Kristina’s 2004 Buick Rendezvous. The case didn’t go anywhere because of a legal technicality involving the vehicle’s age.

“They threw that out because of North Carolina’s Statute of Repose, which means within 12 years, if a product is 12 years old, nobody is held responsible,” Frost said.

Now, they’ve taken their case to federal court in Asheville on another claim, as they allege a defective car seat buckle contributed to the tragedy.

“Today, we are now standing here for AMSAFE, which manufactured the car seat buckle which was defective,” Frost said.

Frost said the investigation shows one of the buckle slots on the car seat never disconnected.

“Tristan, he was 2 years old, and he was buckled in the car seat which Kristina was unable to release him,” she said. “Our daughter is burnt from here down — both arms — and legs from above the knee down,” Frost said. “AMSAFE today is trying to have it dismissed because they do not manufacture parts here in North Carolina.”

Tristan died at the scene. Shawna passed away 12 hours later.

“We are fighting today for both of them,” Frost said.

Kristina has taken her fight to Michigan, too.

“Vocal about my opinion for these lawyers and GM for daring to question a mother’s ability to fight for her children,” Kristina told News 13.

Though Kristina said the process has been emotionally and physically tough, she dances on, as the love of dance was a common bond with her little girl, Shawna.

“I hurt when I’m on my feet and my heels, but I’m not going to fall by the wayside and give up,” Kristina said.

“She dances because she believes that’s what her daughter wanted her to do,” said Tammy Frost. “She feels her daughter’s heart when she dances.”

Tammy said she wants the legal battle to continue, hoping to influence others to check their car seats and recalls — and perhaps a legal and monetary win would take stress off her daughter.

Tammy said in this case, she and her family will continue pushing for a jury trial.

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