:CAUSE No. (:13 ?If ?0683b gig/Marsegp ., sir YVONNE WILLIAMS and IN THE COUNTY 3 00 LARRY WILLIAMS, r; 1., II Plaintiffs, AT LAW NO. VS. ATMOS ENERGY CORPORATION, Defendant. DALLAS COUNTY, TEXAS ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW YVONNE WILLIAMS and LARRY WILLIAMS, hereinafter Plaintiffs, complaining of and about ATMOS ENERGY CORPORATION and in support show the Court as follows. I. DISCOVERY-CONTROL PLAN 1. Plaintiffs intend to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.4. 11. ERIE 2. Plaintiff YVONNE WILLIAMS, Texas Driver?s License Number 12, Social Security Number is an individual residing in DeSoto, Dallas County, Texas. 3. Plaintiff LARRY WILLIAMS, Texas Driver?s License Number Social Security Number is an individual residing in DeSoto, Dallas County, Texas. ORIGINAL PETITION - PAGE I 4. Defendant ATMOS ENERGY CORPORATION is a domestic corporation with its principle place of business located at Three Lincoln Centre, 5430 LBJ Freeway, Suite 1800, in Dallas, Dallas County, Texas. Defendant may be served with process by serving its registered agent for service of process, Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company at 211 E. 7th Street, Suite 620, Austin, Texas 78701. VENUE 5. Venue is proper in Dallas County, Texas pursuant to TEXAS CIVIL PRACTICE REMEDIES CODE Sec. 15.002 (I) as all or a substantial part of the events or omissions giving rise to the claim occurred in Dallas County, Texas. Venue is also proper in Dallas County, Texas pursuant to TEXAS CIVIL PRACTICE REMEDIES CODE Sec. 15.002 (3) as Defendant has its principle of?ce located in Dallas County, Texas. IV. 6. On Sunday, November 22, 2009, Plaintiffs Larry Williams and Yvonne Williams were asleep in their home located at 503 Martindale Drive, in Lancaster, Texas. Unbeknownst to Larry and Yvonne, their home was ?lled with an explosive natural gas vapor which caused a raging ?re, consuming their home. The gas exploded into a ?reball, forcing Yvonne to the ?oor, and causing severe and painful ?rst and second degree burns to her face, hands, and back. 7. Larry Williams awakened to a loud noise and got up to investigate. He observed black smoke coming from the heating and air conditioning vents in the family room and kitchen. Yvonne Williams heard the smoke alarm sounding and also got up to investigate. When Mr. ORIGINAL PETITION - PAGE 2 Williams opened their garage door, the gas exploded in the attic, sending a ?reball through the heating vents, catching Yvonne Williams in the hallway. 8. The large volume of natural gas present in Plaintiffs? residence resulted in the total destruction of Plaintiffs? home. 9. A subsequent investigation by the Lancaster Fire Department and the Texas Railroad Commission revealed that the ?re occurred due to a natural gas leak which originated from the separation of a weld on a three inch natural gas main distribution line which was owned, operated and maintained by Atmos Energy Corporation. The gas then migrated into Plaintiffs? home without their knowledge. 10. Atmos Energy Corporation failed to inspect, detect, maintain, repair and/or replace its gas pipelines, equipment and materials resulting in extreme danger, injury and damages to its consumers and public in general. Based upon its experience and expertise, Atmos Energy Corporation could easily foresee that a failure in its natural gas pipelines, equipment, and materials in a residential area would cause extensive damage and injury. V. CAUSES OF ACTION A. Negligence ll. Plaintiffs hereby incorporate the foregoing facts as if fully set forth herein. The transportation of natural gas by pipeline has long been recognized as a hazardous activity that requires a high degree of care from the operator of the natural gas distribution system. Such operators are under a duty to use the necessary care and prudence to prevent injury. In the present case, Atmos Energy Corporation is a natural gas delivery company that owes a duty to the public, including Plaintiffs, to properly inspect, repair and maintain its materials, equipment and pipelines so as not to cause injury to persons or property. Atmos Energy Corporation also ORIGINAL PETITION - PAGE 3 owes additional duties to the public, including Plaintiffs, to properly train and supervise its personnel, employees, and contractors so those individuals will take immediate and proper actions to ensure the safety of its consumers and those of the general public around them so as to avoid injury to persons or property. 12. Under Texas law these are non-delegable duties, the breach of which renders Atmos Energy Corporation liable to Larry and Yvonne Williams. 13. Atmos Energy Corporation?s breach of that duty consisted of its failure to properly inspect, maintain, discover, repair, and replace its main and service gas lines, and its failure to properly train and supervise its personnel, employees and contractors to adequately conduct such inspections, repairs and replacements. 14. Speci?cally, Atmos Energy Corporation is liable for various acts and/or omissions which include, but are not limited to the following: a. Failure to make suf?cient inspections to detect and discover leaks in the main and/or service gas lines before harm resulted to Plaintiffs; b. Operating and maintaining the main and/or service gas lines in a dangerous and defective condition; c. Failure to perform proper repair and maintenance of the main and/or service gas lines; (1. Failure to properly warn residents of the possibility of corrosion, breaks, or leaks in main andi?or service gas lines; e. Failure to train and properly supervise its personnel, employees and/or contractors with respect to the proper inspection, detection, maintenance, ORIGINAL PETITION - PAGE 4 repair and replacement of its main and/or service gas lines, equipment and materials; f. Failure to create and implement a timely and suf?cient inspection, maintenance and replacement program for corroded or leaking main and/or service gas lines, equipment and materials; 15. As a result of the aforementioned acts and/0r omissions, Atmos Energy Corporation failed to comply with even minimum state standards, rules, and regulations and thereby breaching its duty to exercise the degree of care commensurate with the danger inherent in providing natural gas distribution services. This breach was a proximate cause of the explosion which resulted in the personal injury and damages suffered by the Plaintiffs. 16. The pipelines, couplings and other hardware involved were defective and did not comply with rules, regulations, or industry standards. Under Texas law and in light of the evidence, all of the elements of negligence can be inferred against Atmos Energy Corporation from the fact that its gas service lines were defective and a natural gas leak existed at the time of the ?re. Given the strong evidence to support those facts it is clear that Atmos Energy Corporation?s negligence was the proximate cause of Plaintiffs? injuries and damages. Plaintiffs speci?cally invoke res ipsa loquitur and invoke their right to have a jury consider all reasonable inferences and circumstantial evidence as recognized by Texas law. B. Nuisance 17. Plaintiffs hereby incorporate by reference the foregoing facts as if fully set forth herein. Pleading further, Defendant is liable to Plaintiffs for nuisance. Speci?cally, Plaintiffs sustained injuries and damages as a result of Defendant?s conduct which posed an invasion and substantial interference with Plaintiffs? interest and private use and enjoyment of their land. ORIGINAL PETITION PAGE 5 Such invasion and interference was the proximate and/or a producing cause of the damages sustained by Plaintiffs. C. Trespass to real property 18. Plaintiffs hereby incorporate by reference the foregoing facts as if fully set forth herein. Pleading further, Defendant is liable to Plaintiffs for trespass. Speci?cally, Plaintiffs sustained injuries and damages as a result of Defendant?s conduct by which Defendant?s natural gas physically entered onto Plaintiffs? land and cause injury to Plaintiffs? right of possession of the land. Such entry was the proximate and/or a producing cause of the damages sustained by Plaintiffs. D. Gross Negligence 19. In addition, the acts and/or omissions of Atmos Energy Corporation involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others. Nevertheless, Atmos Energy Corporation, with subjective awareness of the risk involved, proceeded with conscious indifference to the rights, safety, or welfare of others. Thus, making the actions of Atmos Energy Corporation rise to the level of gross negligence as de?ned by the Crv. PRAC. REM. CODE, CHAPTER 41.001, et. seq. VI. DAMAGES 20. As a direct and proximate result of the acts and/or omissions complained of hereinabove, Yvonne Williams has suffered the following damages: a. Reasonable and necessary medical expenses in the past; b. Reasonable and necessary medical expenses likely to be incurred in the future; c. Conscious physical pain and suffering experienced in the past; ORIGINAL PETITION - PAGE 6 d. Conscious physical pain and suffering reasonably likely to be experienced in the future; e. Mental anguish in the past; f. Mental anguish reasonably likely to be experienced in the future; g. Physical impairment in the past; h. Physical impairment reasonably likely to be experienced in the future; i. Mental impairment in the past; j. Mental impairment likely to be experienced in the future; k. Disfigurement in the past; 1. Dis?gurement likely to be experienced in the future; m. Loss of earning capacity in the past; 11. Loss of earning capacity likely to be experienced in the future; 0. Property damage to Plaintiffs residence and personal property; and p. Costs of suit. 21. As a direct and proximate cause of the acts and/or omissions of Defendant as set forth above Larry Williams has suffered the following damages: a. Loss of spousal consortium; b. Mental anguish; c. Property damage to Plaintiffs? residence and personal property; and d. Costs of suit. 22. Plaintiffs are entitled to recover exemplary damages as provided by TEX. CW. PRAC. REM. CODE, Chapter 41, et seq. 23. Plaintiffs? damages are within the jurisdictional limits of this court. ORIGINAL PETITION - PAGE 7 VII. JURY DEMAND 24. Plaintiffs demand a jury trial and tendered the appropriate fee with the Original Petition. CONCLUSION AND PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs YVONNE WILLIAMS and LARRY WILLIAMS, respectfully pray that upon ?nal trial, they have their damages as listed above, costs of court, prejudgment and post judgment interest calculated at the highest allowable rate, and such other and further relief, both at law and in equity, to which they may show themselves to be justly entitled. Respectfully submitted, MILLER BROWN, L.L.P. BY: J. RT LL R, JR. StagState Bar No. 04276300 400 South Ervay Street Dallas, Texas 75201-5513 (214) 748-7600 FAX: (214) 204-9134 And ORIGINAL PETITION - PAGE 8 RAMEY LAW FIRM, PLLC HARDIN R. RAMEY State Bar No. 16496500 12225 Greenville Avenue, Suite 700 Dallas, TX 75243 (972) 437-5700 FAX: (972) 437-5572 ATTORNEYS FOR PLAINTIFFS ORIGINAL PETITION - PAGE 9 if"; ?th MILLER BROWT. I, L.L.P. 3g? f} Attomeysm Law I 406 6 in 400 SOUTH ERVAY STREET ?gia- . 3: 00 DALLAS, TEXAS 75201-5513 i: 8,1: rt?) TELEPHONE: {214) 748-7600 ?if gifting- (a J. Robert Miller, Jr. FAX: (214)204-9134 .. .. in 1? August 26, 2011 VIA HAND DELIVER John F. Warren, Dallas County Clerk Records Building 509 Main Street, 3rd Floor Dallas, TX 75202 Re: Larry Williams and Yvonne Williams v. Atmos Energy Corporation Our File No. 371/0166?) Dear Mr. Warren: Enclosed please ?nd the original and one (1) copy of Plaintiffs? Original Petition and the Case Information Sheet in connection with the above-referenced matter. Please assign a Cause Number, ?le the original among the papers of the Court, and immediately return ?le-marked copies to the undersigned. Thereafter, please issue one 1) Citation for the following Defendant as listed in the Petition, and return same to the undersigned for perfection of service: Defendant Atmos Energy Corporation may be served with process by serving its registered agent for service of process, Corporation Service Company dlb/a CSC- Lawyers Incorporating Service Company at 211 E. 7?1 Street, Suite 620, Austin, Texas 78701. This ?rm?s check in the amount of $283 is also enclosed in payment of the filing fee the issuance of one (1) Citation jury fee ($22.00) and bailiff fee Dallas County Clerk August 26, 2011 Page 2 If you should have any questions, please do not hesitate to contact me. Thank you for your assistance in this matter. Sincerely, 3WW J. Robert Miller, Jr. Encls. cc: Hardin R. Ramey, Esq. Ramey Law Firm, PLLC 12225 Greenville Avenue, Suite 700 Dallas, TX 75243