Family says toy car started fatal fire

June 22--The family of a 6-year-old Victoria boy who died in a fire is suing the manufacturer of a toy car they say started the blaze.

David Macias was killed and his older brother, 7-year-old Gabriel Macias, suffered burns to 40 percent of his body after a fire broke out at their home in the 400 block of Golden Eye Loop on Dec. 28.

Their parents, Richard Macias and Margaret Alvarez, filed a lawsuit against Michigan-based Extreme RC by RSI in April.

Federal Judge Nancy Atlas ruled the parents must show they served the company with the lawsuit by Aug. 10 or she will dismiss the case.

The family claims Extreme RC should have known it produced a defective and unreasonably dangerous toy car, according to court documents.

They claim the company was negligent when it failed to warn consumers or timely recall the toy car.

Michael Steingold, a registered agent for the company, said there were other electronic devices in the house, and insurance company investigators have not determined whether the toy car started the fire.

Steingold was not aware of the lawsuit. He said the company went out of business eight months ago, but its website is still online, and it appears as though customers are still able to purchase items at the site.

"I feel sorry for the family," Steingold said.

The Consumer Product Safety Commission does not appear to have required Extreme RC to recall any of its products, according to the commission's website.

The Victoria Advocate sent the commission a Freedom of Information Request for any information it collected about the company. That information, if any exists, was not available.

Victoria County Fire Marshal Ron Pray, meanwhile, has listed the cause of the Dec. 28 fire to be "undetermined."

"For all practical purposes, my part of the investigation is done," Pray said, explaining that would not be the case if he thought a crime had occurred.

Pray was quoted earlier as thinking the fire was possibly started by a space heater.

A law firm hired an independent investigator from Houston to test the toy car's battery pack. If that independent investigator can prove the battery pack started the fire in the corner of the boys' bedroom, Pray said he would amend his report.

"We are continuing to pray for them, and hopefully, they can get some semblance of a life back," Pray said about the family.

The family is suing for David's funeral expenses, pain and mental anguish.

Neither the family nor its attorney, James Perrin, of San Antonio, could be reached for comment.

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