The owners of an Oak Cliff apartment complex destroyed in a deadly natural gas explosion have filed a lawsuit against Atmos Energy, alleging the utility's negligence led to the blast that killed three people and leveled the property.
The Clyde apartments at 409 E. Ninth St., filed the lawsuit in Dallas County Monday, claiming Atmos failed to properly mark underground gas lines before scheduled drilling and did not respond quickly enough after being notified of an active gas leak on May 28.
"Atmos cannot shift blame for its own non-delegable duties," the lawsuit said. "Atmos' multiple failures resulted in this catastrophic event that caused substantial harm and destroyed The Clyde."
According to the petition, Atmos has known since at least 2004 that portions of its polyethylene natural gas distribution system were susceptible to brittle cracking and catastrophic failure.
The lawsuit alleges the company failed to adequately inspect, maintain, repair or replace those pipelines despite that knowledge, creating an unreasonable risk of gas leaks and explosions.
The lawsuit also alleges Atmos received notice through the Texas 811 system two days before the explosion that drilling would occur near The Clyde.
The owners claim the company failed to accurately mark the location of a gas service line beneath the planned drilling site.
"Despite this knowledge, and despite the foreseeable risk that failing to accurately mark and timely respond to hazardous conditions at The Clyde could lead to catastrophic ignition event, Atmos proceeded with conscious indifference to the rights, safety, and welfare of others," the lawsuit said.
It’s just the latest suit filed in the wake of the explosion, including suits from survivors and victims families. In June, a judge ordered the company to preserve evidence while investigations into the explosion continue.
Dallas Fire-Rescue responded to reports of a gas leak at 12:49 p.m. on May 28 and notified Atmos two minutes later. The explosion occurred at 1:15 p.m. while Atmos crews did not arrive until 1:20 p.m.
The latest petition alleges the flow of natural gas was not fully stopped until more than an hour later.
The owners accuse Atmos of negligence, gross negligence, nuisance and trespass, arguing the company failed to meet its statutory responsibilities to safely operate its gas distribution system and properly mark underground facilities before excavation.
In addition to compensation for the destruction of the apartment complex, the lawsuit seeks damages for lost rental income, business losses, court costs and exemplary damages.
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.
If you find this reporting valuable, consider making a tax-deductible gift today. Thank you.
