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Wrongful death suit alleges Atmos negligence led to Dallas apartment explosion

The lawsuit alleges Atmos Energy failed to properly mark gas lines before the catastrophic blast.

by · 5 NBCDFW

A wrongful death lawsuit has been filed against Atmos Energy following the massive natural gas explosion and fire on May 28 that claimed three lives, including a mother and her toddler.

The lawsuit was filed by personal injury attorney Ted Lyon on behalf of the victims' family, including the couple's 10-year-old daughter, who survived after somehow crawling out from the rubble.

"It's a horrible situation. Atmos is grossly negligent," Lyon said.

The lawsuit accuses the natural gas distributor of failing to properly mark gas lines and respond to gas leaks reported in or around the Clyde Apartments before the deadly explosion.

According to the lawsuit, gas built up until May 28, when contractors who had called 811 before digging struck an unmarked gas service line, resulting in what the lawsuit describes as a catastrophic explosion.

The lawsuit also claims Atmos uses an artificial intelligence locating service called KorTerra, providing the company with mapping and geographic data to generate remote line-locating instructions.

"Atmos is responsible for notifying the AI company where their line is. The problem is they don't know where their lines are. And they have leaking gas. They had leaking gas emergencies in this area for months and didn't warn the residents," Lyon said.

Lyon also alleged the company's actions went beyond negligence.

"We believe they rise to criminal intent. We believe that this is negligent homicide," Lyon said.

In addition, the lawsuit accuses Atmos of "habitually mismarking its gas facilities in this area."

The National Transportation Safety Board's preliminary findings cited that the gas line struck on May 28 had not been marked.

NBC 5 asked Atmos Energy about the specific allegations outlined in the lawsuit. A spokesperson provided a previously released statement that did not mention AI locating services. The NTSB's preliminary report also did not mention AI locating services.

Lyon said he is confident the evidence will support the family's claims.

"We believe that the evidence will show that we're correct," Lyon said.

This story was originally reported for broadcast by NBC DFW. AI tools helped convert the story into a digital article, and an NBC DFW journalist edited it again before publication.