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Judge orders Atmos Energy to preserve evidence in deadly Oak Cliff explosion lawsuit

A blackened truck in front of charred rubble from a burnt down apartment complex.
Hamilton Wingo, LLP
/
Courtesy
A judge has ordered Atmos Energy to preserve records and evidence as an investigation continues into the cause of last month's deadly explosion at an apartment complex in Oak Cliff. The company, facing lawsuits from families and survivors, said a third-party contractor unrelated to Atmos was working in the area when the explosion occurred.

A Dallas County judge has ordered Atmos Energy to preserve records and physical evidence connected to a deadly gas explosion that destroyed an Oak Cliff apartment complex last month, as survivors and victims' families pursue lawsuits against the utility company.

The order comes after attorneys representing residents affected by the May 28 explosion at The Clyde Apartments sought court intervention to prevent the destruction of evidence while investigations continue.

The blast killed three people and injured several others.

A lawsuit filed by survivor Eric Peters alleges Atmos Energy failed to properly maintain and mark gas lines near the apartment complex.

Court filings claim the company did not adequately address repeated gas leaks reported in the area and incorrectly marked the location of a gas pipeline before drilling work took place.

According to attorney Chris Hamilton, who represents Peters, six gas leaks were reported at the property in the weeks leading up to the explosion.

"The evidence in this case will show that Atmos Energy's grossly negligent marking of its pipeline in the wrong location, combined with its conscious decision to operate its natural gas distribution system with known leaks, which are, disturbingly, a source of profit to the company, caused this horrific but easily preventable tragedy," the lawsuit read.

The lawsuit also alleges aging gas infrastructure contributed to the disaster.

Atmos Energy disputes key allegations in the lawsuits. The company said a third-party contractor struck a gas line and that a professional line locator was hired before the work began.

"Atmos Energy's service line to the Clyde Apartments was struck on May 28th by Barba Drilling, a third-party drilling company unrelated to Atmos Energy," the company said in a statement. "Claims that the type of pipe involved in the incident at the Clyde Apartments was an orange pipe sometimes referred to as 'Poly 1' are false."

Atmos also said it is cooperating with an ongoing investigation by the National Transportation Safety Board into the cause of the blast.

The judge's order requires Atmos Energy to preserve records, maintenance documents and physical evidence, including pipes and equipment that could be relevant to the investigation.

Additional court proceedings and litigation are expected in the coming months.

Emmanuel Rivas Valenzuela is KERA's breaking news reporter. Got a tip? Email Emmanuel at erivas@kera.org. KERA News is made possible through the generosity of our members.

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Emmanuel Rivas Valenzuela joins KERA News from El Paso, Texas where he graduated as a first-generation immigrant from the University of Texas at El Paso. Prior to joining KERA, Emmanuel worked at KFOX/KDBC El Paso, El Paso Matters and KERA News as an intern. Outside of work, Emmanuel enjoys collecting physical media like movies, music and comics.