Atmos Energy says caller at Fort Worth hotel reported gas leak 11 minutes before explosion

The gas leak that led to an explosion at the Sandman Signature Hotel in downtown Fort Worth on Jan. 8 may have started as early as 1 p.m. that day and someone at the hotel called the gas company to report the leak about 11 minutes before the blast, Atmos Energy claims in a lawsuit against property owner Northland Developments.

Atmos says in the suit that its representative told the unidentified caller at 3:19 p.m. to “follow certain emergency precautions, including evacuating the building and staying clear of the area.” But there’s no evidence that hotel staff made an effort to evacuate the building before the explosion occurred about 3:30 p.m., injuring at least 21 people and causing two stories of debris to collapse into the basement.

The natural gas supplier headquartered in Dallas has been named as a defendant in at least nine lawsuits totaling 33 plaintiffs so far, according to its suit against Northland. The hotel owners’ insurance company has also made several claims against Atmos related to the explosion and said it plans to “hold the culpable party responsible,” the suit says.

The lawsuit filed in Tarrant County asks the court to declare that Atmos holds no liability for the explosion. The gas company contends that the leak did not involve Atmos’ lines outside the building but came from a line or equipment inside the hotel, likely in the basement. The property owner would be legally responsible for defects inside the building, experts say.

Atmos’ suit also seeks to prevent the Fort Worth Fire Department from releasing control of the scene to Northland before or after the investigation is concluded to prevent any evidence that could be used in Atmos’ defense from being “lost, overlooked, or improperly handled.”

Northland has not yet filed an official response with the court. Its attorneys did not immediately respond Tuesday to Star-Telegram requests for comment via phone and email.

Today's top stories:

→ Police chase ends in crash & injury on I-20 service road in Fort Worth

→ Four people in stolen vehicle die in crash on I-35 in Dallas

→ High school students run on-campus grocery store to address food insecurity

🚨Get free alerts when news breaks.

The lawsuit, filed Friday, seeks to focus blame for the explosion on Northland. Atmos says in the suit that after it was notified by the caller that there was a possible gas leak, it immediately mobilized a response but its technicians arrived after the explosion.

The caller told Atmos that the building “may have a leak” and expressed concern that there might be appliances in use near the source of the leak, the natural gas company says in the lawsuit. The basement is the location of restaurant Musume, where employees were preparing to open for dinner. In other suits filed by injured restaurant and hotel employees, the workers said they reported a smell of gas to management but they were not allowed to leave the building.

“The caller expressly acknowledged that he understood the safety precautions that needed to be taken,” Atmos’ attorneys wrote in the gas supplier’s suit. “It is unknown whether the caller took any steps to heed the warnings provided by Atmos Energy.”

After the explosion, Atmos responded with a “large team” of technicians, construction crews and contractors along with equipment, the company says in the lawsuit. It intended to investigate and work to make sure the distribution system was safe and there was no further threat to the public. Atmos employees shut off gas to the building and began working to determine if there were any leaks or problems with distribution outside the building that may have caused the explosion or contributed to it.

The company determined its lines did not have any leaks or problems that could have contributed to the disaster from outside the building, the lawsuit says.

Atmos reviewed its gas consumption data from the building and found that the leak may have started as early as 1 p.m. and believes the window for the leak starting is between that time and 2 p.m., the lawsuit states.

Atmos is asking the court to keep the building under the control of the fire department instead of releasing it back to Northland because the gas company believes evidence will show that the gas leak that caused the explosion originated inside the building.

Atmos believes Northland has “little incentive to proactively preserve or protect the critical evidence from spoilation or to cooperate with or permit Atmos Energy and the other claimants to participate in the investigation and collection of that evidence,” the suit says.

A temporary restraining order in another lawsuit filed by a survivor of the explosion has prevented the removal of any debris until Friday. Fort Worth Fire Chief Jim Davis told the Star-Telegram previously that the injunction has slowed but not stopped the fire department’s investigation into the blast.

José Mira, an employee of the restaurant Musume, is one of the dozens of people suing Atmos Energy. His lawsuit also names the Sandman Signature Hotel, Northland and the restaurant’s owners as defendants and seeks compensation for injuries and damages from the explosion, according to court documents. Mira’s attorneys said they hope the temporary restraining order granted in his suit will give them time to bring in an independent investigator.

In the request for the court to declare Atmos free of liability, the company asks the court to find that Northland was at all times responsible for the safety of the building and the condition of the gas lines and any appliances using natural gas. While the investigation into the cause of the explosion has not yet been completed, Atmos Energy is asking the court to declare that the explosion was the fault of Northland Developments.

Atmos also asks the court to allow the company immediate access to inspect gas pipes, valves, appliances and equipment responsible for regulating the flow of natural gas inside the building, according to the suit.

New survivor lawsuits

Two more new lawsuits have been filed recently.

Carmen Hermosillo, who was working as a housekeeper for the Sandman Signature at the time of the explosion, is still in the hospital, according to a GoFundMe set up by her family to help cover medical expenses and costs of recovery.

Hermosillo said in a lawsuit that management at the hotel was notified about the gas leak but no evacuation was ordered. She knew about the reports but continued to work out of fear for her job security, the suits states. She was inside an elevator on her way to the basement to get bed linens when the explosion happened. She was found in the elevator, unconscious from the blast, about two hours later, when firefighters rescued her, according to her family.

Hermosillo’s lawsuit and the GoFundMe description both say she was left with injuries including a broken leg. In an update on GoFundMe Jan. 18, the family said Hermosillo is able to smile but can’t speak because of the injuries to her face.

Hermosillo’s lawsuit says the explosion started when a “blue flame” ignited gas in the Musume kitchen in the basement of the building. She is suing Northland, the hotel, Musume and the restaurant’s owner Rock Libations, and Atmos Energy for more than $1 million in damages including medical expenses, lost wages, physical impairment and disfigurement, physical pain and mental anguish.

Timothy Bowman, who was working as a valet just outside the building when the explosion happened, is also suing Atmos Energy and the owners of the building, hotel and restaurant. The explosion injured Bowman and left him with medical bills, lost wages, pain and mental anguish, according to his lawsuit.

The suit does not include any specific details about the injuries Bowman sustained or his current condition.

Bowman is also seeking more than $1 million in his lawsuit.