A man whose 1-year-old son and wife were killed in a gas explosion and fire at an Oak Cliff Apartment in May has sued Atmos Energy for allegedly failing to mark a gas line struck by a driller.
It’s at least the fifth lawsuit to be filed against Atmos over the incident.
The lawsuit, filed by Erik Perez Sr., alleges Atmos frequently failed to properly mark its gas pipes in the area leading up to the explosion. It claims Atmos has thousands of leaking pipes and frequently fails to locate its own pipes.
“They just don't know where their lines are,” Ted Lyons, Perez Sr.’s lead attorney, told KERA. “They don't know what the heck's going on with their gas system – it's amazing.”
The explosion killed Marisol Perez, her 1-year-old son Erik Perez Jr. and Democratic activist Sylvia Collins. Collins’ daughter, Michelle, has also filed a wrongful death lawsuit against Atmos.
Perez Sr.’s then 9-year-old daughter was found crawling through the debris before being rescued by a bystander, according to the lawsuit.
“They're devastated. They can barely deal with this,” Lyons said of the Perez family. “It's unbelievable.”
“The safety of our communities and employees is our first priority,” Atmos told KERA in a statement. “We are grateful to Dallas Fire Rescue and all first responders who bravely responded to this incident. Our hearts go out to the people who were lost, their families, and everyone who has been impacted by this tragedy.”
The lawsuit alleges a gas leak was reported at the apartment a month before the explosion.
JF Construction notified 811 — the number anybody digging must call to request a utility line locate — of a gas leak at The Clyde apartments on March 20, according to the lawsuit. The gas meter at the apartment was replaced on May 15.
A gas leak at Louise Wolff Kahn Elementary School blocks away from the apartment was also allegedly due to an improperly marked gas line, according to the lawsuit.
A National Transportation Safety Board preliminary report found that a driller doing soil tests in front of The Clyde apartments caused a gas leak shortly before the explosion after they hit an unmarked gas pipe.
Atmos in a statement to KERA pushed back against claims that the gas pipe was leaking before the drill strike.
“Following the incident, two pressure tests of Atmos Energy’s natural gas lines, which had been installed in 1988, were performed,” the company said. “Both pressure tests passed.”
Why were drillers at The Clyde apartments?
The Austin-based O-SDA Industries was looking to buy the apartment property for redevelopment and commissioned Engineering Consulting Services (ECS) to perform soil tests before purchasing it, KERA previously reported. Barba Drilling was then hired by ECS to bore down with a drill rig in front of the apartment and take soil samples.
ECS notified 811 seven days before the drilling on May 21. Gas pipeline locating was delayed on May 22 before the work was finished on May 26, according to 811 records reviewed by KERA.
Atmos told KERA the utility locate was performed by USIC Locating Services.
The NTSB has not released an official cause of the explosion. A final report could take over a year.
Dylan Duke is KERA's Breaking News Reporter. Got a tip? Email Dylan Duke at dduke@kera.org.
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