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Lawsuit: Gas Utility's Neglect Led To Fatal Wolfe County House Explosion
Lawsuit: Gas Utility's Neglect Led To Fatal Wolfe County House Explosion
Coty Vanderpool and Jordan Vanderpool, Case Type: Wrongful death FILED
individually and as co-administrators of the
Case No. WOLFE C\RCU\T COURT
Estates ofPhillip Vanderpool and Sueann
Vanderpool, DEC 2 3 20\9
CLERK
Plaintiffs, DEB o.c.
BY.
v.
Troublesome Creek Gas Corporation, COMPLAINT AND JURY TRIAL
Charles R. Bradley dba Basin Energy DEMAND
Company,
Defendants.
COME THE PLAINTIFFS, by and through counsel, and for their claims and causes of
INTRODUCTION
1. This lawsuit arises out of an explosion that occurred on November 23, 2019, at a
residence located at Harvest Church Loop Road in Campton, Kentucky (the "Residence"), when
leaking gas, sold and delivered by Defendants, ignited and exploded, causing the wrongful deaths
THE PARTIES
2. Coty Vanderpool and Jordan Vanderpool are the co-administrators of the Estates
of Phillip and Sueann Vanderpool, as appointed by Order of Wolfe County District/Probate Court,
and bring this action in their individual capacities, on behalf of Phillip and Sueann Vanderpool,
and on behalf of the wrongful death beneficiaries of Phillip and Sueann Vanderpool, pursuant to
the Survival of Actions Statute (K.R.S. § 411.140) and the Wrongful Death Statute (K.R.S. §
411.130).
3. Coty Vanderpool is the son of Phillip Vanderpool and Sueann Vanderpool, and is
5. At all times material herein, Phillip and Sueann Vanderpool were residents of
6. At all times material herein, Phillip and Sue111111 Vanderpool were legally married
Kentucky corporation with its principal place of business located at 139 Pickett Lane,
Bradley, 139 Pickett Lane, PO Box 934, Prestonsburg, Floyd County, Kentucky 41653.
gas through a system of pipelines that it and its agents constructed, own, maintaiu, repair, and/or
monitor.
10. Defendant Charles R. Bradley individually and d/b/a Basin Energy Company
11. Bradley is in the business of gathering, transmitting, and selling natural gas through
a system of pipelines he and his agents constmcted, own, maintain, repair, and/or monitor.
12. 1urisdi ction is proper becwse the acts complained of occurred in Wolfe County and
the amount in controversy, exclusive of interests and costs, exceeds the minimum jurisdict:iollJil
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I3. Pursuant to K.R.S. § 452.450, venue is proper before this Court booause the tortious
FACTIJAL ALLEGATIONS
14. Natural gas is highly flammable gaseous substance commonly used as fuel.
Combustion of natural gas produces temperatures in excess of3,550 degrees Fahrenheit. One cubic
foot of natural gas h118 the explosive energy equivalent of one-half pound ofTNT.
15. Natural gas in its natural state is a colorless, odorless vapor at normal ambient
16. Natural gas is also highly flammable and extremely dangerous, posing a severe fire
and explosion hazard. When it is mixed with air in the proper ratios, a highly combustible and
17. The danger posed by natural gas is significantly greater when it cannot be detected.
Bec.ause of its lack of odor, along with its high degree of flammability and combustibility, state
and federal laws and regulation, as well as industry standards, require natural gas to be effectively
odorized or stenched to en.able detection of any Wlinte:nded release or le.ak of the gas.
18. Odori:zation of natural gas involves the injection of an odorant to serve as a warning
19. The transmission of natural gas is an abnonnally dangerous activity due to the
foreseeable risk that a like in a transmission pipeline may result in an explosion, and serious bodily
20. Gas companies have a duty to reasonable inspect and maintain their natural gas
pipelines.
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21. When a gas company undertakes to inspect pipelines or premises to which pipelines
are routed, it must exercise care and diligence to make a thorough and adequate inspection and
make all necessary repairs or, in the alternative, shut off the supply of gas until the consumer has
B. The Explosion
22. At all times material herein, Defendants distributed, supplied, operated, sold, and
performed services relating to natural gas, gas piping, and gas metering at the Residence.
23. At all times material herein, Defendants constructed, owned, maintained, repaired,
24. Albert and Elizabeth Vanderpool were the parents of decedent Philip Vanderpool
26. On or around November 19, 2019, members of the Vanderpool family called
Defendant Troublesome Creek to request that Troublesome Creek investigate the source of the
27. On November 19, 2019, Defendant Bradley visited the Residence. Bradley failed
to perform an adequate inspection, in part because he failed to conduct any gas readings. As a
result, Bradley failed to determine that one of Defendants' gas pipelines was leaking gas into the
Residence. Following the inadequate inspection, Bradley left the Residence without shutting off
the gas, without fixing the gas leak, and without warning the Vanderpool family about a
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28. Following the inadequate inspection by Defendant Bradley, natural gas continued
29. The Vanderpool family again called Defendant Troublesome Creek on November
20, 2019, to report the smeU of gas, and to request that Defendant Troublesome Creek investigate
30. On November 20,2019, Defendant Bradley again visited the Residence, but failed
to use any equipment or follow industry standards regarding the detection of a gas leak from
Defendants' pipelines. Following this inadequate inspection, Defendant Bradley again left without
shutting off the gas supply to the Residence, without fixing the gas leak, and without w8.rning the
31. The following day, on November 21, 2019, the Vanderpool family once again
called Defendants to report the smell of natural gas, and to request that Defendants investigate and
32. Defendants did not send anyone to the Residence on November 21 or November
33. Plaintiff Jordan Vanderpool is a trained gas pipeline technician. On November 22,
2019, Plaintiff Jordan Vanderpool visited the Residence and immediately noticed the smell of gas.
To minimize the risk of an explosion and resulting injury, Jordan then turned off the gas supply to
the Residence.
34. On the afternoon of November 23, 2019, Defendants' technicians arrived at the
Residence in response to a service call from Vanderpool family members that the gas smell was
still present at the Residence. Defendants' technician once again performed an inadequate
inspection. As a result, Defendants failed to realize that their pipeline was leaking. Defendants'
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technician told the Vanderpool family that the Residence was safe, despite the fact that the leak
had not been fixed and the Residence remained in a dangerous condition.
November 23, 2019, one of Defendants' technician turned the gas supply to the Residence back
on, and told the Vanderpool family that he would return on Monday to fix the problem.
36. Shortly after Defendants' technicians left on November 23, 2019, natural gas that
leaked from Defendants' pipeline ignited, resulting in a massive explosion that destroyed the
37. Decedents Phillip and Sueann Vanderpool were killed as a result of the explosion.
The deaths of Phillip and Sueann Vanderpool, and the resulting damages suffered by Plaintiffs,
were directly and proximately caused by the wrongful acts and/or omissions of Defendants and/or
the agents, servants or employees of Defendants, in one or more of the following ways:
a. The Defendants created hazards which resulted in the November 23, 2019 natural
gas explosion;
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b. The Defendants failed to conduct a reasonable inspection to detect the gas leak.
d. The Defendants failed to discover and eliminate hazardous and unsafe conditions
which led to and resulted in the November 23, 2019 natural gas explosion;
e. The Defendants failed to safeguard against the life-threatening hazard that resulted
in the November 23, 2019 natural gas explosion, and thereby caused and/or allowed
and/or failed to prevent the emission of natural gas fumes which resulted in the
explosion;
and block the flow of natural gas to a natural gas line that was unsafe and which
was not capped or adequately blocked and which was not adequately gas tight so
that natural gas was allowed to escape and, ultimately, explode on November 23,
2019;
g. The Residence, its components, gas lines, and equipment, were unreasonably
dangerous, unsafe and unfit, as a proximate result of the wrongful acts and/or
h. The Defendants failed to provide proper safety equipment which would have
i. The Defendants created and/or failed to discover and eliminate the unsafe
conditions, fire hazards, explosion hazards, or other safety hazards, which the
Defendants, through the exercise of reasonable care, should have identified and
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j. The Defendants inadequately hired, trained, retained, supervised and/or monitored
agents, servants and/or employees responsible for work and/or activities which
resulted in the creation of the explosion hazard and/or which resulted in the failure
of the Defendants to identify the hazards and eliminate them and render the
1. Defendants turned the gas line back on before it was safe to do so.
m. Defendants knew or should have known of the dangerous condition created by the
gas leaking from the pipeline, yet failed to inform and/or education those who were
n. Defendants failed to warn or inform those who were in or near the Residence ofthe
actual or suspected leaks in the pipeline which ignited and caused the explosion,
thereby preventing all such persons from vacating the premises prior to the
explosion or take any measures to limit the damages as set forth herein.
CAUSES OF ACTION
38. Plaintiffs re-allege and incorporate all of the preceding paragraphs as if fully set
forth herein.
39. As a direct and proximate result of the previously alleged conduct, all of which was
grossly negligent, wanton or reckless, Defendants caused the deaths of Phillip and Sueann
40. Phillip and Sueann Vanderpool suffered personal injuries, including excruciating
pain and suffering, mental anguish, and emotional distress, resulting in their deaths. The pain,
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disfigurement and loss of dignity suffered by Phillip and Sueann Vanderpool caused their family
41. As a direct and proximate result of the wrongful deaths suffered by Phillip and
Sueann Vanderpool, Plaintiffs assert a claim for judgment for compensatory and punitive damages
against Defendants, including but not limited to, medical expenses, funeral expense and other
related costs, pain and suffering, grief suffered by statutory beneficiaries, mental anguish,
disability and loss of life in an amount to be determined by the jury, but in excess of the minimum
jurisdictional limits of this Court, as well as costs and attorneys' fees, plus all other relief to which
42. Plaintiffs re-allege and incorporate all of the preceding paragraphs as if fully set
forth herein.
activity, namely the transmission of natural gas, and are therefore strictly liable for any injury or
44. As a direct and proximate result of the previously alleged conduct, Defendants
caused the deaths of Phillip and Sueann Vanderpool by their wrongful actions.
45. Defendants are accordingly strictly liable to Plaintiffs for all damages flowing from
their conduct, including but not limited to punitive damages, medical expenses, pain and suffering,
fear, anxiety and emotional distress, permanent impairment, loss of future wages, wrongful death,
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COUNT ill: NEGLIGENCE/GROSS NEGLIGENCE/RECKLESSNESS
46. Plaintiffs re-allege and incorporate all of the preceding paragraphs as if fully set
forth herein.
47. Defendants had a duty to properly monitor, inspect, maintain, and repair their gas
lines; and to warn of any dangerous conditions involving their gas lines.
48. Defendants were notified on at least four occasions in the week leading up to the
explosion that a gas smell had penneated the Residence and/or the grounds surrounding the
Residence.
49. Defendants and/or their agents, servants and employees breached their duty when
they acknowledged the existence of a gas leak but assured Vanderpool family members that the
leak posed no immediate danger to those at the Residence, and that they would return at a later
50. By turning the gas back on to the residence without repairing the source ofthe leak,
Defendants and/or their agents, servants and employees engaged in negligent, grossly negligent,
51. As a direct and proximate result of the acts and conduct of Defendants and/or their
agents, servants and employees, decedents Phillip and Sueann Vanderpool were severely injured,
experienced extreme pain and suffering, and ultimately died from their injuries.
52. Defendants are liable to Plaintiffs for all damages flowing from their conduct,
including but not limited to punitive damages, medical expenses, pain and suffering, fear, anxiety
and emotional distress, permanent impairment, loss of future wages, wrongful death, and funeral
expenses.
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COUNT IV: FAILURE TO WARN
53. Plaintiffs re-allege and incorporate all of the preceding paragraphs as if fully set
forth herein.
54. Defendants and/or their agents, servants and employees knew or should have
known of the dangerous condition created by the leaking natural gas from their pipelines.
55. Defendants and/or their agents, servants and employees failed to warn the
decedents of the dangerous conditions created by the leaking natural gas from pipelines which
ignited and cause the explosion, thereby preventing the decedents from vacating the Residence
prior to the explosion or taking any measures to limit the damages set forth herein.
56. As a direct and proximate result of the acts and conduct of Defendants and/or their
agents, servants and employees, decedents Phillip and Sueann Vanderpool were severely injured,
experienced extreme pain and suffering, and ultimately died from their injuries.
57. Defendants are liable to Plaintiffs for all damages flowing from their conduct,
including but limited to punitive damages, medical expenses, pain and suffering, fear, anxiety and
emotional distress, permanent impairment, loss of future wages, wrongful death, and funeral
expenses.
58. Plaintiffs re-allege and incorporate all of the preceding paragraphs as if fully set
forth herein.
59. At all times material herein, Defendants were engaged in trade and commerce
60. Decedents are within the class of persons intended to be protected by the Kentucky
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61. The KCPA provides that "Unfair, false, misleading, or deceptive acts or practices
in the conduct of any trade or commerce are hereby declared unlawful." See K.R.S. § 367.170.
KCPA.
63. Defendants violated the KCPA by the use of false and misleading
64. Defendants represented that their gas pipelines were safe for continued use when
they knew or should have known of the dangerous conditions created by the leaking natural gas
65. As a result of Defendants' violation of the KCPA, Plaintiffs are entitled to recover
from Defendants all damages and losses caused by or arising from such violations, including
i. A trial by jury;
ii. Judgment against the Defendants for damages, jointly and severally, including but
expenses, and all other amounts which will fairly and reasonably compensate
iv. Interest;
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vi. Any and all other relief to which the Plaintiffs are entitled, including the
By:
Law~:i:i3l!IM:t:i:r:;?11"'i'"I::-:-:J.=-
21946 Street
Hyden, KY 41749
(606) 672-5150
Local counsel for Plaintiffs
and
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