Second family files suit after fatal Missouri gas explosion destroys historic home
A second family has sued four companies involved in last month’s fatal, fiery gas explosion in Lexington, Missouri, saying their home was significantly damaged in the blast.
Shayne and Alicia Billings filed the lawsuit Tuesday in Lafayette County Circuit court against The Empire District Gas Company, which does business as Liberty Utilities or Liberty LLC, United Fiber, Sellenriek Construction and Alfra Comunication.
The Billings claim that negligence and other failures of the defendants caused or contributed to the gas leak and explosion.
The April 9th explosion and fire destroyed the Cunningham-Lamb family home near 17th Street on Franklin Avenue and several other houses, including the Billings’ home.
The explosion killed 5-year-old Alistair Lamb. His sister Camillia “Cami” Lamb, 10, and their father, Jacob Cunningham, survived but sustained severe burns.
The Billings were among those injured in the blast, according to the lawsuit, which is similar to the wrongful death lawsuit that the Cunningham family filed last month.
The gas leak occurred when a subcontractor, who was among the crew helping to install fiber optic cable in the area of 17th Street and Franklin, drilled into an “unmarked section of a capped underground gas distribution main,” according to a preliminary report released this week by the National Transportation Safety Board.
The Alfra Comunication worker felt the drill strike an object and saw and smelled natural gas being released, according to the preliminary report.
The explosion occurred more than three hours later when Cunningham flipped on a light switch in his home, according to relatives.
Shayne and Alicia Billings each seek an unspecified amount in damages in their lawsuit. They contend they have sustained substantial real and personal property damage, personal injuries, including emotional distress and psychological injuries, and other losses.
Liberty Utilities continues to cooperate fully with the NTSB’s investigation into the cause of the gas explosion, said Kelli Price, a company spokesperson. Price said commenting on the investigation or related legal matters would be inappropriate.
“As members of the community, our thoughts and prayers remain with the affected families whose lives have been devastated by this terrible tragedy,” Price said. “We will continue to do our part to help those affected and support broader recovery efforts.”
None of the other companies could be immediately reached for comment Wednesday.
Leak reported hours before explosion
In their lawsuit, the Billings contend that crews reported the gas leak to the Lexington Fire Department around 4:15 p.m.
“Despite knowledge of the leaking gas line, defendants failed to evacuate the area for a period of at least three-and-a-half hours,” the lawsuit said.
The lawsuit said that because of hard outdoor surfaces, such as concrete and asphalt, in and around the gas leak, the gas leaking underground was capped and spread horizontally away from the damaged gas line.
The gas migrated to nearby homes and buildings, following voids in the soil around other utility lines, seeping in through cracks or other openings in slabs, foundations, below-grade floors and walls, or sewer lines, according to the lawsuit.
At about 7:42 p.m., the Cunningham-Lamb’s home exploded due to leaking gas that had migrated into the house, the lawsuit said.
The explosion also destroyed the Billings home, which was right next door. The destruction of the house, which was within a designated National Historic District, not only represents the loss of a family home but also the irreversible loss of a historically significant property, the lawsuit said.
The Billings were outside on their deck at the time of the explosion.
Negligence, inadequate response
The 98-page lawsuit alleges the defendants were negligent in their roles in the drilling, including failing to mark and locate underground gas lines, adequately responding to the leak, and violating safety regulations and standards.
The Billings contend that Liberty Utilities was responsible for accurately locating and marking the gas lines because they were notified that United Fiber, Sellenriek Construction and Alfra Comunication would be drilling horizontally in the area.
The Billings also contend that United Fiber, Sellenriek Construction and Alfra Comunication were responsible for verifying the precise location of the gas lines before and during drilling.
The lawsuit alleges Liberty Utilities failed to respond promptly to the gas leak and could not quickly shut off the gas flow from the ruptured gas line. The lawsuit also alleges that the utility failed to minimize potential ignition sources by promptly shutting off the gas supply and electrical power to homes and businesses.
Liberty Utilities and the other defendants also allegedly failed to check for gas in nearby homes and businesses in a timely manner and to evacuate people from the area where the leak was located, according to the lawsuit.
