Pipeline Explosion Lawsuit

COMMONWEALTH OF KENTUCKY
28TH JUDICIAL CIRCUIT

LINCOLN CIRCUIT COURT
CIVIL ACTION NO. 20-CI-__________
**Filed Electronically**
CHARLES BAKER, JR.

90 Ashton Lane
Stanford, Kentucky 40484;
PLAINTIFFS
SHEILA BAKER;
90 Ashton Lane
CHRISTENA BARBER;
4570 Highway 7
Hustonville, Kentucky 40437;
PORSHA BAXTER, BY AND THROUGH HER

GUARDIAN AND NEXT FRIEND, JUDY GOOCH
496 Mitchell Lane
HELEN BIGGS
2775 Highway 2141
MAXWELL BIRD;
113 Shun Pike
Nicholasville Kentucky 40356;
CAROL BLAKEY
2585 Bowen Road
JASMINE BLAKEY, BY AND THROUGH HER

PARENT AND NEXT FRIEND, CAROL BLAKEY
2585 Bowen Road
STEVE BUGG
224 Dotson Street
Page 1 of 76
JOWANNA CLARKSON
152 Spring Run Road
PATRICIA COULTER
628 Sierra Circle
WILLIAM COULTER
628 Sierra Circle
ANGELA CRANK
2585 Bowen Road
EAN DALY
1135 Burger Knob
TARA DENHAM
152 Spring Run Road
BRANDON DEWOLFE
152 Sprin Run Road
DEBBIE DOUGLAS
437 Sierra Cirle
TIM DOUGLAS
437 Sierra Cirle
JORDAN EDMONDS, BY AND THROUGH HIS

GUARDIAN AND NEXT FRIEND, JOWANNA CLARKSON
152 Spring Run Road
JERROD ELAM
211 Simpson Lane
Danville Kentucky 40422;
Page 2 of 76
JESS FARMER
452 Sierra Circle
LOGAN FARMER, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, JESS FARMER
452 Sierra Circle
RONALD J. GIVENS, II, BY AND THROUGH

HIS PARENT AND NEXT FRIEND, RONALD J. GIVENS, I
152 Spring Run Road
REED GLASSCOCK
103 Wharton Court
Georgetown, Kentucky 40324;
CONLEY GOOCH
478 Mitchell Lane
SHARON GOOCH
478 Mitchell Lane
COURTNEY GOOCH
478 Mitchell Lane
BEN GOOCH, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, CONLEY GOOCH
478 Mitchell Lane
ZOEY GOOCH, BY AND THROUGH HER

478 Mitchell Lane
AMBER GOOCH, BY AND THROUGH HER

478 Mitchell Lane
Page 3 of 76
JUDY GOOCH
478 Mitchell Lane
RICKY HALL
2315 Highway 2141
DEEDEE HALL
2315 Highway 2141
ROBERT HAYES
135 Young Drive
GRACIE HAYES, BY AND THROUGH HER

PARENT AND NEXT FRIEND, ROBERT HAYES
135 Young Drive
BRAD HELM
2585 Bowen Road
MADELINE ISBELL, BY AND THROUGH HER

GUARDIAN AND NEXT FRIEND, THERESA RIDGWAY
276 Harris Creek
EVERADO JARAMILLO
2915 Bowen Road
CARLA JARAMILLO
2915 Bowen Road
SAMUEL A. JEFFRIES
229 Sierra Circle
Page 4 of 76
TRACY JEFFRIES
229 Sierra Circle
EMILY JEFFRIES, BY AND THROUGH HER

PARENT AND NEXT FRIEND, SAMUEL A. JEFFRIES
229 Sierra Circle
REID JEFFRIES, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, SAMUEL A. JEFFRIES
229 Sierra Circle
STANLEY JOHNSON
152 Spring Run Road
BAYLEE KARNES, BY AND THROUGH HER

GUARDIAN AND NEXT FRIEND, DEEDEE HALL
2315 Highway 2141
RONALD KENNEDY
2775 Highway 2141
MICHAEL KENNEDY
4670 Maxie Valley Road
RONALD LAMB
643 Sierra Circle
PATRICIA LAMB
643 Sierra Circle
DESI LAMB, BY AND THROUGH HER

PARENT AND NEXT FRIEND, RONALD LAMB
643 Sierra Circle
Page 5 of 76
AIDEN LAMB, BY AND THROUGH HIS
PARENT AND NEXT FRIEND, RONALD LAMB
643 Sierra Circle
TINA MAPLES
152 Spring Run Road
DAVID MCFADDEN
553 Sierra Circle
ALYSSA MCGUFFEY
2585 Bowen road
BENNY MOORE
2345 Bowen Road
ISAAC MOORE
2345 Bowen Road
JAMES MOORE
2345 Bowen Road
DONNA MOSLEY
224 Dotson Street
STEPHANIE MULLINS
2775 Highway 2141
VIRGINIA PATTERSON
220 Indian Camp
STEPHANIE PATTERSON
127 Featherbell Court
Shepherdsville, Kentucky 40165;
Page 6 of 76
JAMES PLUESS
404 Sierra Circle
RENEE PLUESS
404 Sierra Circle
SCOTT PRESTON
661 Sierra Circle
TRACI PRESTON
661 Sierra Circle
MATTHEW PRESTON
661 Sierra Circle
VIRGINIA RAMOS
135 Young Drive
TAMMY RIDGE
619 Sierra Circle
RYAN RIDGWAY
276 Harris Creek
THERESA RIDGWAY
276 Harris Creek
RON'S RESIDENTIAL SERVICES INC

643 Sierra Circle
JAXSON SAMMS, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, TARA DENHAM
152 Spring Run Road
Page 7 of 76
BRIAN SEARS
3409 E. KY 70
CONNIE SMALLWOOD
427 Russell Street
Junction City, Kentucky 40444;
ESTATE OF WILLIAM THOMPSON, BY AND THROUGH

ITS EXECUTRIX, CONNIE SMALLWOOD
427 Russell Street
Junction City, Kentucky 40444;
PHILIP WADDELL, BY AND THROUGH HIS

ATTORNEY-IN-FACT, SHANNA HIGH
201 Spring Run Road
Stanford Kentucky 40484
BRAYDEN WEST, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, TAMMY RIDGE
619 Sierra Circle
DAVID WEST
619 Sierra Circle
AUSTIN WILLIAMS
90 Lou Drive
JAMES EVAN WILLIAMS, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, CHRISTINA BARBER
4570 Highway 7
SHEILA WILLIAMS
90 Lou Drive
SHAWN WILLIAMS
4570 Highway 7
Page 8 of 76
OBIE WILSON
2775 Highway 2141
ESTATE OF DELMAR WILSON, BY AND THROUGH

ITS EXECUTRIX, ANGIE WILSON
180 Candlewood
Danville, Kentucky 40422;
CHRIS WORTHINGTON
2585 Bowen Road
ZACHERY WORTHINGTON, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, CHRIS WORTHINGTON
2585 Bowen Road
JEREMY YATES, BY AND THROUGH HIS

PARENT AND NEXT FRIEND,
1250 Jefferies Lane
Hustonville, Kentucky 40437; and
v. COMPLAINT
TEXAS EASTERN TRANSMISSION, LP DEFENDANTS
Serve: CT Corporation, Registered Agent

306 W. Main Street
Frankfort, Kentucky 40601
SPECTRA ENERGY OPERATING COMPANY, LLC

Serve: CT Corporation, Registered Agent
306 W. Main Street
Frankfort, Kentucky 40601
SPECTRA ENERGY TRANSMISSION RESOURCES, LLC

Serve: Secretary of State
150 State Capitol Secretary of State to Serve:
700 Capital Avenue CT Corporation System, Reg. Agt.
Frankfort, KY 40601 1999 Bryan Street, Suite 900
Dallas, Texas 75201
Page 9 of 76
and

700 Capital Avenue The Corporation Trust Co., Reg. Agt.
Frankfort, KY 40601 Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19801
SPECTRA ENERGY TRANSMISSION SERVICES, LLC

Dallas, Texas 75201
and

1209 Orange Street
SPECTRA ENERGY CORP.

Dallas, Texas 75201
and

1209 Orange Street
Page 10 of 76
ENBRIDGE (U.S.), INC.
Dallas, Texas 75201
and

1209 Orange Street
NDT SYSTEMS & SERVICES (AMERICA) INC.;

700 Capital Avenue Incorp Services, Inc., Reg. Agt.
Frankfort, KY 40601 815 Brazos, Suite 500
Austin, TX 78701
and

700 Capital Avenue Incorp Services, Inc., Reg. Agt.
Frankfort, KY 40601 919 North Market Street, Suite 950
Wilmington, DE 19801
NDT SYSTEMS & SERVICES LLC;

700 Capital Avenue Cogency Global Inc., Reg. Agt.
Frankfort, KY 40601 1601 Elm St., Suite 4360
Dallas, TX 75201
and
Page 11 of 76
Frankfort, KY 40601 850 New Burton Road Suite 201
Dover, Delaware 19904
NDT GLOBAL LLC; and

Frankfort, KY 40601 1601 Elm St., Suite 4360
Dallas, TX 75201
and

Frankfort, KY 40601 850 New Burton Road Suite 201
Dover, Delaware 19904
UNKNOWN DANVILLE COMPRESSOR STATION OPERATOR

Serve: Via Warning Order Attorney
* * * * *
Come the Plaintiffs, Charles Baker, Jr.; Sheila Baker;
Christina Barber; Porsha Baxter, by and through her guardian and
next friend, Judy Gooch; Helen Biggs; Maxwell Bird; Carol Blakey;
Jasmine Blakey, by and through her parent and next friend, Carol
Blakey; Steve Bugg; Jowanna Clarkson; Patricia Coulter; William
Coulter; Angela Crank; Ean Daly; Tara Denham; Brandon Dewolfe;
Debbie Douglas; Tim Douglas; Jordan Edmonds, by and through his
guardian and next friend, Jowanna Clarkson; Jarod Elam; Jess
Farmer; Logan Farmer, by and through his parent and next friend,
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Jess Farmer; Ronald J. Givens, II, by and through his parent and
next friend, Ronald J. Givens, I; Reed Glasscock; Conley Gooch;
Sharon Gooch; Courtney Gooch; Ben Gooch, by and through his parent
and next friend, Conley Gooch; Zoey Gooch, by and through her
parent and next friend, Conley Gooch; Amber Gooch, by and through
her parent and next friend, Conley Gooch; Judy Gooch; Ricky Hall;
DeeDee Hall; Robert Hayes; Gracie Hayes, by and through her parent
and next friend, Robert Hayes; Brad Helm; Madeline Isbell, by and
through her guardian and next friend, Theresa Ridgway; Everado
Jaramillo; Carla Jaramillo; Samuel A. Jeffries; Tracy Jeffries;
Emily Jeffries, by and through her parent and next friend, Samuel
A. Jeffries; Reid Jeffries, by and through his parent and next
friend, Samuel A. Jeffries; Stanley Johnson; Baylee Karnes, by and
through her parent and next friend, DeeDee Hall; Ronald Kennedy;
Michael Kennedy; Ronald Lamb; Patricia Lamb; Desi Lamb, by and
through her parent and next friend, Ronald Lamb; Aiden Lamb, by
and through his parent and next friend, Ronald Lamb; Tina Maples;
David McFadden; Alyssa McGuffey; Benny Moore; Isaac Moore; James
Moore; Donna Mosley; Stephanie Mullins; Virginia Patterson;
Stephanie Patterson; James Pluess; Renee Pluess; Scott Preston;
Traci Preston; Matthew Preston; Virginia Ramos; Tammy Ridge; Ron's
Residential Services Inc; Jaxson Samms, by and through his parent
and next friend, Tara Denham; Brian Sears; Connie Smallwood;
Page 13 of 76
Brayden West, by and through his parent and next friend, Tammy
Ridge; Ryan Ridgway; Theresa Ridgway; Philip Waddell, by and
through his attorney-in-fact, Shanna High; David West; Austin
Williams; James Evan Williams, by and through his parent and next
friend, Christina Barber; Sheila Williams; Shawn Williams; Obie
Wilson; Chris Worthington; Zachery Worthington, by and through his
parent and next friend, Chris Worthington; and Jeremy Yates, by
and through his parent and next friend, Rebecca Montgomery; Estate
of William Thompson, by and through its Executrix, Connie
Smallwood; and Estate of Delmar Wilson, by and through his
Executrix, Angie Wilson, by and through counsel, in accordance
with CR 20.01, for their cause of action against the Defendants,
state as follows, to-wit:
PARTIES
1. Plaintiffs, at all relevant times herein, have resided
in the Commonwealth of Kentucky, and the injuries and damages
claimed herein have occurred within the Commonwealth of Kentucky.
2. That the Defendant, Texas Eastern Transmission, LP, is
a foreign limited partnership with a principal place of business
in Houston, Texas, and a registered agent of CT Corporation System,
306 West Main Street, Suite 512, Frankfort Kentucky 40601.
3. That the Defendant, Spectra Energy Operating Company,
LLC, is a foreign limited liability company with a principal place
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of business in Houston, Texas, and a registered agent of CT
Corporation System, 306 West Main Street, Suite 512, Frankfort
Kentucky 40601.
4. That the Defendant, Spectra Energy Transmission
Resources, LLC, is a foreign limited liability company and General
Partner of Defendant, Texas Eastern Transmission, LP, having a
principal place of business in Houston, Texas, and has registered
agents of CT Corporation System, at 1999 Bryan Street, Suite 900,
Dallas, Texas 75201 and The Corporation Trust Company, Corporation
Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
5. That the Defendant, Spectra Energy Transmission
Services, LLC, is a foreign limited liability company and General
Partner of Defendant, Texas Eastern Transmission, LP, with a
principal place of business in Houston, Texas, and has registered
agents of CT Corporation System, at 1999 Bryan Street, Suite 900,
Dallas, Texas 75201 and The Corporation Trust Company, Corporation
Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
6. That the Defendant, Spectra Energy Corp., is a foreign
corporation with a principal place of business in Houston, Texas,
and has registered agents of CT Corporation System, at 1999 Bryan
Street, Suite 900, Dallas, Texas 75201 and The Corporation Trust
Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
Delaware 19801.
Page 15 of 76
7. That the Defendant, Enbridge (U.S.), Inc., is a foreign
corporation with a principal place of business in Houston, Texas,
and has registered agents of CT Corporation System, at 1999 Bryan
Street, Suite 900, Dallas, Texas 75201 and The Corporation Trust
Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
Delaware 19801.
8. That the Defendant, NDT Systems & Services (America)
Inc., is a foreign corporation with a principal place of business
in Houston, Texas, and has registered agents of Incorp Services,
Inc., 815 Brazos, Suite 500, Austin, TX 78701 and Incorp Services,
Inc., 919 North Market Street, Suite 950, Wilmington, DE 19801.
9. That the Defendant, NDT Systems & Services LLC, is a
foreign limited liability company with a principal place of
business in Houston, Texas, and has registered agents of Cogency
Global Inc., 1601 Elm St., Suite 4360, Dallas, TX 75201 and Cogency
Global Inc.,850 New Burton Road Suite 201, Dover, Delaware 19904.
10. That the Defendant, NDT Global LLC, is a foreign limited
liability company with a principal place of business in Houston,
Texas, and has registered agents of Cogency Global Inc., 1601 Elm
St., Suite 4360, Dallas, TX 75201 and Cogency Global Inc.,850 New
Burton Road Suite 201, Dover, Delaware 19904.
11. That the Defendant, Unknown Danville Compressor Station
Operator, is upon information and belief, a resident and citizen
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of the Commonwealth of Kentucky, and will be more accurately named
once his or her identity is provided in discovery.
JURISDICTION AND VENUE
12. That the circumstances giving rise to this Complaint
took place in Lincoln County, Kentucky.
13. That the amount of damages sustained by each Plaintiff
is in excess of the minimum jurisdictional limits of this Court.
14. That the Lincoln Circuit Court has personal jurisdiction
over the parties hereto and the subject matter herein.
15. That this Court has jurisdiction over this matter
because: (1) Plaintiffs are not asserting federal claims and (2)
Defendant, Unknown Danville Compressor Station Operator, is upon
information and belief a citizen of Kentucky. As Plaintiffs and
this Defendant are all residents and citizens of Kentucky, this
lawsuit is not subject to removal for diversity jurisdiction, under
28 U.S.C. § 1441(b).
16. That the Defendant, Unknown Danville Compressor Station
Operator, is a necessary party to this matter because it is
believed that his/her negligent, grossly negligent, wanton and/or
reckless actions contributed to Plaintiffs’ injuries and damages.
FACTS
17. That at all times relevant hereto, Defendants owned,
controlled, operated, and/or supervised the Texas Eastern
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Transmission Pipeline (the “Pipeline”) a pressurized bi-
directional onshore gas pipeline system that is approximately
9,000 miles long, and which moves approximately 20% of all natural
gas in the United States.
18. That the Pipeline transports gas from the Gulf of
Mexico in Texas and Louisiana through Mississippi, Arkansas,
Tennessee, Missouri, Kentucky, Illinois, Indiana, Ohio, and
Pennsylvania, to the New York City area, and also transports gas
in a southerly direction, as reflected in red on the following
image:
Page 18 of 76
19. Construction of the Pipeline began in the 1940s. There
are three (3) lines -- Lines 10, 15, and 25 -- that run parallel
through Central Kentucky, including Lincoln County. There are
numerous compressor stations along the entire length of the
Pipeline, one of which is located in Danville, Kentucky.
20. That a section of the Pipeline failed and exploded in
Lincoln County, Kentucky, early in the morning hours of August 1,
2019, creating a crater approximately 50-feet-long, 35-feet-wide,
and 13-feet-deep, and resulting in the release of roughly 66
million cubic feet of natural gas.
21. That personnel at the Danville, Kentucky compressor
station, including but not limited to Unknown Danville Compressor
Station Operator, eventually, and after delay, closed the Pipeline
discharge valve north of the failure site, and other personnel,
eventually and after delay, later closed a valve elsewhere on the
line.
22. That the jet-like fire projection from the Pipeline
failure and explosion shot toward the surrounding structures, as
shown by the scorch marks on the photo below:
Page 19 of 76
23. That the Pipeline failure and explosion resulted in
flames, fumes, smoke, and ash being shot high in the air, and a
fire that burned numerous structures and destroyed the vegetation
over several acres of land.
24. That the explosion, fire, and ensuing fumes, smoke,
and ash resulted in the death of one (1) person, and caused severe
and permanent bodily and/or mental injury to a vast multitude of
individuals, including Plaintiffs, and additionally caused
substantial property damage to a vast multitude of individuals,
including Plaintiffs.
Page 20 of 76
25. That the Pipeline failure and explosion occurred due
to the reckless, wanton, negligent, and/or grossly negligent
conduct and/or omissions of Defendants.
26. That the Pipeline failure and explosion occurred due
to Defendants’ reckless, wanton, negligent and/or gross negligent
disregard for the lives, safety, and/or property of others.
27. That the Pipeline failure and explosion occurred
without any recklessness, wanton, or negligent conduct by
Plaintiffs.
28. That natural gas is of a highly dangerous, penetrating,
elusive, and of an explosive nature, and requires great care,
maintenance, and supervision to maintain perfectly tight mains,
pipes, and regulators in order to secure safety in its management,
transmission, and control, all of which were well-known to the
Defendants.
29. That the Pipeline failure and explosion was
foreseeable, or should have been foreseeable, and could/should
have been prevented.
30. That upon information and belief, there have been
numerous prior catastrophic failures on the Pipeline, including,
but not limited to:
a. April 27, 1985 [KY]: the Pipeline exploded in
Metcalfe County, Kentucky, killing five (5) and
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destroying two (2) homes, three (3) trailers, a
sawmill, two (2) barns, and numerous vehicles. The
resulting crater was approximately 90-feet-long,
38-feet- wide, and 12-feet-deep;
b. October 26, 1985 [KY]: the Pipeline exploded in
Fleming County, Kentucky;
c. February 21, 1986 [KY]: the Pipeline exploded in
Garrard County, Kentucky, destroying three (3)
homes and injuring six (6) people, and forcing the
evacuation of many others;
d. November 2, 2003 [KY]: the Pipeline exploded in
Bath County, Kentucky;
e. April 29, 2016: the Pipeline exploded in
Greensburg, Pennsylvania, resulting in one (1)
person suffering 3rd degree burns to 75% of his
body; and
f. January 21, 2019: the Pipeline exploded in Noble
County, Ohio, injuring two (2) people and
destroying two (2) homes; and
g. May 4, 2020 [KY]: the Pipeline exploded in Fleming
County, Kentucky, and said Tuesday that it has
shut-in a section of the pipeline and secured the
area.
Page 22 of 76
31. That the Pipeline failure and explosion that happened in
Lincoln County on August 1, 2019, occurred approximately ten (10)
miles from the site of the February 21, 1986 explosion.
32. That upon information and belief, the individual who
died as the result of the August 1, 2019 failure and explosion was
the ninth (9th) person in the United States of America, and the
sixth (6th) in Kentucky, to die as the result of a failure along
the Pipeline since 1985.
33. That the Plaintiffs are individuals that reside in the
Commonwealth of Kentucky who have sustained injuries to person and
property as the result of failures along the Pipeline.
COUNT I
Negligence
34. That the Plaintiffs adopt and reiterate each and every
allegation stated above as if set out fully in this paragraph and
incorporate them by reference.
35. That the Defendants are and were at the time of the
Pipeline explosion, engaged in the ultrahazardous and/or
abnormally dangerous activity of transporting natural gas through
their Pipeline for profit.
36. That the Defendants owed a duty of care to Plaintiffs
and other surrounding landowners of the property through which the
Pipeline is situated to construct, operate, and maintain their gas
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distribution system and the Pipeline so as to prevent the escape
of gas therefrom and/or an explosion therefrom, and/or to protect
the public and all proximately located individuals, including
Plaintiffs, from harm arising from Defendants’ use of the Pipeline.
37. That the Defendants and their agents, ostensible agents,
servants, employees, and/or other representatives breached their
duty of care to Plaintiffs in multiple respects, including, but
not limited to:
a. failing to properly design, construct, mark, and/or
install the Pipeline, and failing to ensure the
proper design, construction, and/or installation of
the same;
b. failing to properly inspect, monitor, assess,
evaluate, and/or maintain the Pipeline, its
integrity and the surrounding area, and failing to
ensure the proper inspection, monitoring,
assessment, evaluation, and/or maintenance of the
same;
c. failure to adequately and/or properly secure the
area surrounding the Pipeline prior to and during
its use;
d. failing to identify and/or correct hazardous
conditions in the Pipeline, its integrity, and/or
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the area surrounding same;
e. failing to perform necessary repairs on the
Pipeline and its appurtenances and equipment;
f. failing to provide adequate personnel, supervision,
and oversight of individuals and/or entities
utilized in the inspection, repair, and/or
maintenance of the Pipeline, its integrity, and/or
the area surrounding same;
g. failing to operate the Pipeline in a safe manner
and in a safe condition;
h. failing to install, maintain, and/or remove safety
devices and systems which protected or should
protect the Pipeline, its integrity, and/or the
area surrounding same;
i. failing to properly assess, hire, train, and/or
supervise their agents/servants/employees
/representatives;
j. failing to have in place an appropriate and/or
effective emergency plan or emergency procedures;
k. failing to properly report and alleviate and/or
correct hazardous conditions on the Pipeline;
l. failing to utilize proper materials, fittings, and
appurtenances for the Pipeline, and failing to
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properly test and/or inspect such materials,
fittings, and appurtenances, and their installation
and construction within the Pipeline;
m. failing to ensure that all persons operating,
repairing and/or maintaining the Pipeline were
properly qualified and had adequate training and
experience;
n. failing to adopt and/or enforce adequate
procedures, including, but not limited to,
procedures for operations, maintenance,
emergencies, and/or repair of the Pipeline;
o. failing to have and maintain adequate information
and records regarding the Pipeline and its
condition;
p. failing to warn regarding the hazardous conditions
of the Pipeline;
q. failing to provide adequate emergency response
training;
r. failure to properly monitor gas flow and/or take
corrective action;
s. operating the Pipeline at a dangerous pressure
level;
t. failing to have in place an adequate system for
Page 26 of 76
providing information necessary for the safe
operation, maintenance, and repair of the Pipeline;
u. failing to ensure that repairs of the Pipeline were
performed in a safe manner;
v. failing to have an adequate damage prevention
program;
w. failing to install, maintain, or monitor an
adequate cathodic protection system, and correct
and/or repair corrosion on the Pipeline; and
x. failing to discharge any other obligation which may
be determined once the NTSB Report is released and
discovery has ensued.
38. That the Pipeline explosion was foreseeable, or should
have been foreseeable, and could have been prevented.
39. That the Defendants’ breach of the duty of care owed to
Plaintiffs was the direct and proximate cause of physical, mental,
emotional, and financial injuries suffered by Plaintiffs,
including, but not limited to:
a. Mental, emotional and physical pain and suffering,
both of a temporary and permanent nature, and of a
past, present and future nature, all to their
damage in a sum to be determined by a jury sitting
in the trial of this matter;
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b. the expenditure of sums of money for hospital,
medical, and other rehabilitation expenses, and
will be caused to expend such sums of money in the
future, in an amount to be determined by a jury
sitting in the trial of this matter;
c. missed work and/or business and lost wages or
income, and loss of the ability to earn future
income, and other financial hardships and losses,
in an amount to be determined by a jury sitting in
the trial of this matter;
d. loss of the Plaintiffs’ ability to lead and enjoy
a normal life, all to their damage, in a sum to be
determined by a jury sitting in the trial of this
matter;
e. damage to real property in a sum to be determined
by a jury sitting in the trial of this matter; and
f. damage to personal property in a sum to be
determined by a jury sitting in the trial of this
matter.
COUNT II
Gross Negligence/Punitive Damages
Page 28 of 76
41. That the Defendants acted recklessly, wantonly, with
gross negligence, and/or with extreme indifference or reckless
disregard for the consequences of their actions, as well as
exhibiting a reckless, wanton, willful and gross negligent
disregard for the life, safety, and health of others, including
Plaintiffs, warranting the imposition of punitive damages pursuant
to KRS 411.184 and 411.186.
42. That the Defendants’ actions and/or breach of their duty
of care described hereinabove proximately and directly resulted in
physical, emotional, and financial injuries to Plaintiffs.
COUNT III
Negligence Per Se
44. That the Pipeline failure and explosion resulted from
Defendants’ violation of state and federal statutes and/or
regulations.
45. That said violations constitute negligence per se.
46. That the Plaintiffs are within the class of individuals
intended to be protected by the violated statutes and regulations.
47. That the Plaintiffs suffered physical, mental, and
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emotional damages as the direct and proximate result of Defendants’
violations of said statutes and regulations.
COUNT IV
Respondeat Superior
49. That the Defendants, by and through their employees,
agents, and/or representatives, including, but not limited to,
Defendant, Unknown Danville Compressor Station Operator, acted or
failed to act in such a negligent, reckless, and/or intentional
manner so as to cause Plaintiffs to suffer serious bodily,
emotional, and financial injury.
50. That upon information and belief, on the date of the
Pipeline failure and explosion, Defendants’ employees, agents,
and/or representatives, including, but not limited to, Defendant,
Unknown Danville Compressor Station Operator, were acting in the
course and scope of their employment with Defendants.
51. That the Defendants authorized, ratified, and/or should
have anticipated the conduct of their employees, including, but
not limited to, the Unknown Danville Compressor Station Operator,
subjecting Defendants to punitive damages.
52. That the doctrine of respondeat superior applies to
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Defendants for the negligent, reckless, and/or intentional acts
and/or failure to act of their employees, including, but not
limited to, Defendant, Unknown Danville Compressor Station
Operator.
COUNT V
Nuisance
54. The Pipeline failure and explosion caused a jet-like
fire projection that burned numerous structures and destroyed the
vegetation over several acres of land, ejected millions of cubic
feet of natural gas and noxious fumes, launched dirt, rock, and
other projectiles, and caused smoke and ash to be ejected into
the air and fall onto surrounding land and personal property,
causing a substantial and unreasonable interference with
Plaintiffs’ lawful use and enjoyment of their property, and
therefore constitutes a nuisance.
55. That the Defendants’ use of the Pipeline, site of the
Pipeline failure, surrounding air, and/or Plaintiffs’ property,
was unreasonable.
56. Plaintiffs have been impacted and damaged by the
nuisance caused by Defendants and/or their employees,
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representatives, agents, or servants, and it has negatively
impacted both their property values and the lawful use and
enjoyment of their property.
57. As a result of the nuisance caused by Defendants,
Plaintiffs has suffered compensatory damages in an amount
exceeding the minimum jurisdictional amount of this court.
COUNT VI
Trespass
59. That the Defendants negligently breached their duty of
due care to Plaintiffs in any or all of the ways described herein
above.
60. That the Defendants’ breach of their duty of care caused
excessive heat, fumes, debris, smoke, and ash to enter Plaintiffs’
land, home, property, as well as the very air they breathe on their
land and in their home.
61. That the presence of said heat, fumes, debris, smoke,
and ash caused actual harm to Plaintiffs’ land, home, property,
and bodies.
COUNT VII
Intentional Infliction of Emotional Distress
Page 32 of 76
63. That the Defendants’ actions which resulted in the
Pipeline failure and explosion were intentional and/or reckless,
offensive, and against generally accepted standards of decency and
morality.
64. That the Defendants knew or should have known that their
conduct would cause Plaintiffs severe emotional distress.
65. That as a direct and proximate result of the actions of
Defendants, Plaintiffs suffered severe and serious emotional
injury that a reasonable person, normally constituted, would not
be expected to endure.
COUNT VIII
Negligent Infliction of Emotional Distress
67. That the Defendants owed Plaintiffs a duty of care to
protect them from harm arising from Defendants’ use of the
Pipeline, as described more particularly above.
68. That the Defendants breached the duty of care owed to
Plaintiffs in any or all of the manners described hereinabove.
69. That as a direct and proximate result of the actions of
Page 33 of 76
Defendants, Plaintiffs suffered severe and serious emotional
injury that a reasonable person, normally constituted, would not
be expected to endure.
COUNT IX
Charles Baker, Jr.
70. That the Plaintiff, Charles Baker, Jr., adopts and
reiterates each and every allegation stated above as if set out
fully in this paragraph and incorporate them by reference.
71. As a result of the above-described actions of
Defendants, Charles Baker, Jr. suffered personal injuries and
resulting damages in an amount exceeding the minimum
jurisdictional amount of this court.
Defendants, Charles Baker, Jr. suffered property damage in an
amount exceeding the minimum jurisdictional amount of this court.
COUNT X
Sheila Baker
73. That the Plaintiff, Sheila Baker, adopts and reiterates
each and every allegation stated above as if set out fully in this
paragraph and incorporate them by reference.
Defendants, Sheila Baker suffered personal injuries and resulting
damages in an amount exceeding the minimum jurisdictional amount
of this court.
Page 34 of 76
Defendants, Sheila Baker suffered property damage in an amount
COUNT XI
Christena Barber
76. That the Plaintiff, Christina Barber, adopts and
Defendants, Christina Barber suffered personal injuries and
COUNT XII
Porsha Baxter, by and through her
guardian and next friend, Judy Gooch
78. That the Plaintiff, Porsha Baxter, by and through her
guardian and next friend, Judy Gooch, adopts and reiterates each
and every allegation stated above as if set out fully in this
Defendants, Porsha Baxter, by and through her guardian and next
friend, Judy Gooch suffered personal injuries and resulting
of this court.
Page 35 of 76
Defendants, Porsha Baxter, by and through her guardian and next
friend, Judy Gooch suffered property damage in an amount exceeding
the minimum jurisdictional amount of this court.
COUNT XIII
Helen Biggs
81. That the Plaintiff, Helen Biggs, adopts and reiterates
Defendants, Helen Biggs suffered personal injuries and resulting
of this court.
COUNT XIV
Maxwell Bird
83. That the Plaintiff, Maxwell Bird, adopts and reiterates
Defendants, Maxwell Bird suffered personal injuries and resulting
of this court.
COUNT XV
Carol Blakey
85. That the Plaintiff, Carol Blakey, adopts and reiterates
Page 36 of 76
Defendants, Carol Blakey suffered personal injuries and resulting
of this court.
COUNT XVI
Jasmine Blakey, by and through her
parent and next friend, Carol Blakey
87. That the Plaintiff, Jasmine Blakey, by and through her
parent and next friend, Carol Blakey, adopts and reiterates each
Defendants, Jasmine Blakey, by and through her parent and next
friend, Carol Blakey suffered personal injuries and resulting
of this court.
COUNT XVII
Steve Bugg
89. That the Plaintiff, Steve Bugg, adopts and reiterates
Page 37 of 76
Defendants, Steve Bugg suffered personal injuries and resulting
of this court.
COUNT XVIII
Jowanna Clarkson
91. That the Plaintiff, Jowanna Clarkson, adopts and
Defendants, Jowanna Clarkson suffered personal injuries and
Defendants, Jowanna Clarkson suffered property damage in an amount
COUNT XIX
Patricia Coulter
94. That the Plaintiff, Patricia Coulter, adopts and
Defendants, Patricia Coulter suffered personal injuries and
Page 38 of 76
Defendants, Patricia Coulter suffered property damage in an amount
COUNT XX
William Coulter
97. That the Plaintiff, William Coulter, adopts and
Defendants, William Coulter suffered personal injuries and
Defendants, William Coulter suffered property damage in an amount
COUNT XXI
Angela Crank
100. That the Plaintiff, Angela Crank, adopts and reiterates
Defendants, Angela Crank suffered personal injuries and resulting
of this court.
Page 39 of 76
COUNT XXII
Ean Daly
102. That the Plaintiff, Ean Daly, adopts and reiterates each
Defendants, Ean Daly suffered personal injuries and resulting
of this court.
COUNT XXIII
Tara Denham
104. That the Plaintiff, Tara Denham, adopts and reiterates
Defendants, Tara Denham suffered personal injuries and resulting
of this court.
COUNT XXIV
Brandon Dewolfe
106. That the Plaintiff, Brandon Dewolfe, adopts and
Page 40 of 76
Defendants, Brandon Dewolfe suffered personal injuries and
COUNT XXV
Debbie Douglas
108. That the Plaintiff, Debbie Douglas, adopts and
Defendants, Debbie Douglas suffered personal injuries and
Defendants, Debbie Douglas suffered property damage in an amount
COUNT XXVI
Tim Douglas
111. That the Plaintiff, Tim Douglas, adopts and reiterates
Defendants, Tim Douglas suffered personal injuries and resulting
Page 41 of 76
of this court.
Defendants, Tim Douglas suffered property damage in an amount
COUNT XXVII
Jordan Edmonds, by and through his
guardian and next friend, Jowanna Clarkson
114. That the Plaintiff, Jordan Edmonds, by and through his
guardian and next friend, Jowanna Clarkson, adopts and reiterates
Defendants, Jordan Edmonds, by and through his guardian and next
friend, Jowanna Clarkson suffered personal injuries and resulting
of this court.
COUNT XXVIII
Jarod Elam
116. That the Plaintiff, Jarod Elam, adopts and reiterates
Defendants, Jarod Elam suffered personal injuries and resulting
Page 42 of 76
of this court.
COUNT XXIX
Jess Farmer
118. That the Plaintiff, Jess Farmer, adopts and reiterates
Defendants, Jess Farmer suffered personal injuries and resulting
of this court.
Defendants, Jess Farmer suffered property damage in an amount
COUNT XXX
Logan Farmer, by and through his
parent and next friend, Jess Farmer
121. That the Plaintiff, Logan Farmer, by and through his
parent and next friend, Jess Farmer, adopts and reiterates each
Defendants, Logan Farmer, by and through his parent and next
friend, Jess Farmer suffered personal injuries and resulting
Page 43 of 76
of this court.
COUNT XXXI
Ronald J. Givens, II, by and through his
parent and next friend, Ronald J. Givens, I
123. That the Plaintiff, Ronald J. Givens, II, by and through
his parent and next friend, Ronald J. Givens, I, adopts and
Defendants, Ronald J. Givens, II, by and through his parent and
next friend, Ronald J. Givens, I suffered personal injuries and
COUNT XXXII
Reed Glasscock
125. That the Plaintiff, Reed Glasscock, adopts and
Defendants, Reed Glasscock suffered property damage in an amount
COUNT XXXIII
Conley Gooch
127. That the Plaintiff, Conley Gooch, adopts and reiterates
Page 44 of 76
Defendants, Conley Gooch suffered personal injuries and resulting
of this court.
Defendants, Conley Gooch suffered property damage in an amount
COUNT XXXIV
Sharon Gooch
130. That the Plaintiff, Sharon Gooch, adopts and reiterates
Defendants, Sharon Gooch suffered personal injuries and resulting
of this court.
Defendants, Sharon Gooch suffered property damage in an amount
COUNT XXXV
Courtney Gooch
133. That the Plaintiff, Courtney Gooch, adopts and
Page 45 of 76
Defendants, Courtney Gooch suffered personal injuries and
Defendants, Courtney Gooch suffered property damage in an amount
COUNT XXXVI
Ben Gooch, by and through his
parent and next friend, Conley Gooch
136. That the Plaintiff, Ben Gooch, by and through his parent
and next friend, Conley Gooch, adopts and reiterates each and every
Defendants, Ben Gooch, by and through his parent and next friend,
Conley Gooch suffered personal injuries and resulting damages in
an amount exceeding the minimum jurisdictional amount of this
court.
Defendants, Ben Gooch, by and through his parent and next friend,
Conley Gooch suffered property damage in an amount exceeding the
minimum jurisdictional amount of this court.
Page 46 of 76
COUNT XXXVII
Zoey Gooch, by and through her
139. That the Plaintiff, Zoey Gooch, by and through her parent
and next friend, Conley Gooch, adopts and reiterates each and every
Defendants, Zoey Gooch, by and through her parent and next friend,
court.
Defendants, Zoey Gooch, by and through her parent and next friend,
COUNT XXXVIII
Amber Gooch, by and through her
142. That the Plaintiff, Amber Gooch, by and through her
parent and next friend, Conley Gooch, adopts and reiterates each
Defendants, Amber Gooch, by and through her parent and next friend,
Page 47 of 76
court.
Defendants, Amber Gooch, by and through her parent and next friend,
COUNT XXXIX
Judy Gooch
145. That the Plaintiff, Judy Gooch, adopts and reiterates
Defendants, Judy Gooch suffered personal injuries and resulting
of this court.
Defendants, Judy Gooch suffered property damage in an amount
COUNT XL
Ricky Hall
148. That the Plaintiff, Ricky Hall, adopts and reiterates
Page 48 of 76
Defendants, Ricky Hall suffered personal injuries and resulting
of this court.
Defendants, Ricky Hall suffered property damage in an amount
COUNT XLI
DeeDee Hall
151. That the Plaintiff, DeeDee Hall, adopts and reiterates
Defendants, DeeDee Hall suffered personal injuries and resulting
of this court.
Defendants, DeeDee Hall suffered property damage in an amount
COUNT XLII
Robert Hayes
154. That the Plaintiff, Robert Hayes, adopts and reiterates
Page 49 of 76
Defendants, Robert Hayes suffered personal injuries and resulting
of this court.
Defendants, Robert Hayes suffered property damage in an amount
COUNT XLIII
Gracie Hayes, by and through her
parent and next friend, Robert Hayes
157. That the Plaintiff, Gracie Hayes, by and through her
parent and next friend, Robert Hayes, adopts and reiterates each
Defendants, Gracie Hayes, by and through her parent and next
friend, Robert Hayes suffered personal injuries and resulting
of this court.
COUNT XLIV
Brad Helm
159. That the Plaintiff, Brad Helm, adopts and reiterates
Page 50 of 76
Defendants, Brad Helm suffered personal injuries and resulting
of this court.
Defendants, Brad Helm suffered property damage in an amount
COUNT XLV
Madeline Isbell, by and through her guardian
and next friend, Theresa Ridgway
162. That the Plaintiff, Madeline Isbell, by and through her
guardian and next friend, Theresa Ridgway adopts and reiterates
Defendants, Madeline Isbell, by and through her guardian and next
friend, Theresa Ridgway suffered personal injuries and resulting
of this court.
COUNT XLVI
Everado Jaramillo
164. That the Plaintiff, Everado Jaramillo, adopts and
Page 51 of 76
Defendants, Everado Jaramillo suffered personal injuries and
Defendants, Everado Jaramillo suffered property damage in an
COUNT XLVII
Carla Jaramillo
167. That the Plaintiff, Carla Jaramillo, adopts and
Defendants, Carla Jaramillo suffered personal injuries and
Defendants, Carla Jaramillo suffered property damage in an amount
COUNT XLVIII
Samuel A. Jeffries
170. That the Plaintiff, Samuel A. Jeffries, adopts and
Page 52 of 76
Defendants, Samuel A. Jeffries suffered personal injuries and
Defendants, Samuel A. Jeffries suffered property damage in an
COUNT XLIX
Tracy Jeffries
173. That the Plaintiff, Tracy Jeffries, adopts and
Defendants, Tracy Jeffries suffered personal injuries and
Defendants, Tracy Jeffries suffered property damage in an amount
COUNT L
Emily Jeffries, by and through her
parent and next friend, Samuel A. Jeffries
176. That the Plaintiff, Emily Jeffries, by and through her
parent and next friend, Samuel A. Jeffries, adopts and reiterates
Page 53 of 76
Defendants, Emily Jeffries, by and through her parent and next
friend, Samuel A. Jeffries suffered personal injuries and
COUNT LI
Reid Jeffries, by and through his
parent and next friend, Samuel A. Jeffries
178. That the Plaintiff, Reid Jeffries, by and through his
parent and next friend, Samuel A. Jeffries, adopts and reiterates
Defendants, Reid Jeffries, by and through his parent and next
friend, Samuel A. Jeffries suffered personal injuries and
COUNT LII
Stanley Johnson
180. That the Plaintiff, Stanley Johnson, adopts and
Page 54 of 76
Defendants, Stanley Johnson suffered personal injuries and
COUNT LIII
Baylee Karnes, by and through her
parent and next friend, DeeDee Hall
182. That the Plaintiff, Baylee Karnes, by and through her
parent and next friend, DeeDee Hall, adopts and reiterates each
Defendants, Baylee Karnes, by and through her parent and next
friend, DeeDee Hall suffered personal injuries and resulting
of this court.
COUNT LIV
Ronald Kennedy
184. That the Plaintiff, Ronald Kennedy, adopts and
Defendants, Ronald Kennedy suffered personal injuries and
Page 55 of 76
COUNT LV
Michael Kennedy
186. That the Plaintiff, Michael Kennedy, adopts and
Defendants, Michael Kennedy suffered personal injuries and
COUNT LVI
Ronald Lamb
188. That the Plaintiff, Ronald Lamb, adopts and reiterates
Defendants, Ronald Lamb suffered personal injuries and resulting
of this court.
Defendants, Ronald Lamb suffered property damage in an amount
Page 56 of 76
COUNT LVII
Patricia Lamb
191. That the Plaintiff, Patricia Lamb, adopts and reiterates
Defendants, Patricia Lamb suffered personal injuries and resulting
of this court.
Defendants, Patricia Lamb suffered property damage in an amount
COUNT LVIII
Desi Lamb, by and through her
parent and next friend, Ronald Lamb
194. That the Plaintiff, Desi Lamb, by and through her parent
and next friend, Ronald Lamb, adopts and reiterates each and every
Defendants, Desi Lamb, by and through her parent and next friend,
Ronald Lamb suffered personal injuries and resulting damages in an
Page 57 of 76
COUNT LIX
Aiden Lamb, by and through his
parent and next friend, Ronald Lamb
196. That the Plaintiff, Aiden Lamb, by and through his parent
and next friend, Ronald Lamb, adopts and reiterates each and every
Defendants, Aiden Lamb, by and through his parent and next friend,
Ronald Lamb suffered personal injuries and resulting damages in an
COUNT LX
Tina Maples
198. That the Plaintiff, Tina Maples, adopts and reiterates
Defendants, Tina Maples suffered personal injuries and resulting
of this court.
COUNT LXI
David McFadden
200. That the Plaintiff, David McFadden, adopts and
Page 58 of 76
Defendants, David McFadden suffered personal injuries and
Defendants, David McFadden suffered property damage in an amount
COUNT LXII
Alyssa McGuffey
203. That the Plaintiff, Alyssa McGuffey, adopts and
Defendants, Alyssa McGuffey suffered personal injuries and
COUNT LXIII
Benny Moore
205. That the Plaintiff, Benny Moore, adopts and reiterates
Defendants, Benny Moore suffered personal injuries and resulting
Page 59 of 76
of this court.
COUNT LXIV
Isaac Moore
207. That the Plaintiff, Isaac Moore, adopts and reiterates
Defendants, Isaac Moore suffered personal injuries and resulting
of this court.
Defendants, Isaac Moore suffered property damage in an amount
COUNT LXV
James Moore
210. That the Plaintiff, James Moore, adopts and reiterates
Defendants, James Moore suffered personal injuries and resulting
of this court.
Page 60 of 76
COUNT LXVI
Donna Mosley
212. That the Plaintiff, Donna Mosley, adopts and reiterates
Defendants, Donna Mosley suffered personal injuries and resulting
of this court.
COUNT LXVII
Stephanie Mullins
214. That the Plaintiff, Stephanie Mullins, adopts and
Defendants, Stephanie Mullins suffered personal injuries and
COUNT LXVIII
Virginia Patterson
216. That the Plaintiff, Virginia Patterson, adopts and
Page 61 of 76
Defendants, Virginia Patterson suffered personal injuries and
Defendants, Virginia Patterson suffered property damage in an
COUNT LXIX
Stephanie Patterson
219. That the Plaintiff, Stephanie Patterson, adopts and
Defendants, Stephanie Patterson suffered personal injuries and
COUNT LXX
James Pluess
221. That the Plaintiff, James Pluess, adopts and reiterates
Defendants, James Pluess suffered property damage in an amount
Page 62 of 76
COUNT LXXI
Renee Pluess
223. That the Plaintiff, Renee Pluess, adopts and reiterates
Defendants, Renee Pluess suffered property damage in an amount
COUNT LXXII
Scott Preston
225. That the Plaintiff, Scott Preston, adopts and reiterates
Defendants, Scott Preston suffered personal injuries and resulting
of this court.
Defendants, Scott Preston suffered property damage in an amount
COUNT LXXIII
Traci Preston
228. That the Plaintiff, Traci Preston, adopts and reiterates
Page 63 of 76
Defendants, Traci Preston suffered personal injuries and resulting
of this court.
Defendants, Traci Preston suffered property damage in an amount
COUNT LXXIV
Matthew Preston
231. That the Plaintiff, Matthew Preston, adopts and
Defendants, Matthew Preston suffered personal injuries and
COUNT LXXV
Virginia Ramos
233. That the Plaintiff, Virginia Ramos, adopts and
Defendants, Virginia Ramos suffered personal injuries and
Page 64 of 76
Defendants, Virginia Ramos suffered property damage in an amount
COUNT LXXVI
Tammy Ridge
236. That the Plaintiff, Tammy Ridge, adopts and reiterates
Defendants, Tammy Ridge suffered personal injuries and resulting
of this court.
Defendants, Tammy Ridge suffered property damage in an amount
COUNT LXXVII
Ryan Ridgway
239. That the Plaintiff, Ryan Ridgway, adopts and reiterates
Defendants, Ryan Ridgway suffered personal injuries and resulting
Page 65 of 76
of this court.
COUNT LXXVIII
Theresa Ridgway
241. That the Plaintiff, Theresa Ridgway, adopts and
Defendants, Theresa Ridgway suffered personal injuries and
Defendants, Theresa Ridgway suffered property damage in an amount
COUNT LXXIX
Ron's Residential Services Inc
244. That the Plaintiff, Ron's Residential Services Inc,
adopts and reiterates each and every allegation stated above as if
set out fully in this paragraph and incorporate them by reference.
Defendants, Ron's Residential Services Inc suffered property
damage in an amount exceeding the minimum jurisdictional amount of
Page 66 of 76
this court.
COUNT LXXX
Jaxson Samms, by and through his
parent and next friend, Tara Denham
246. That the Plaintiff, Jaxson Samms, by and through his
parent and next friend, Tara Denham, adopts and reiterates each
Defendants, Jaxson Samms, by and through his parent and next
friend, Tara Denham suffered personal injuries and resulting
of this court.
COUNT LXXXI
Brian Sears
248. That the Plaintiff, Brian Sears, adopts and reiterates
Defendants, Brian Sears suffered personal injuries and resulting
of this court.
COUNT LXXXII
Connie Smallwood
250. That the Plaintiff, Connie Smallwood, adopts and
Page 67 of 76
Defendants, Connie Smallwood suffered property damage in an amount
COUNT LXXXIII
Estate of William Thompson, by and through
its Executrix, Connie Smallwood
252. That the Plaintiff, the Estate of William Thompson, by
and through its Executrix, Connie Smallwood, adopts and reiterates
Defendants, the Estate of William Thompson, by and through its
Executrix, Connie Smallwood suffered property damage in an amount
COUNT LXXXIV
Philip Waddell, by and through his attorney-in-fact,
Shanna High
254. That the Plaintiff, Philip Waddell, by and through his
attorney in fact, Shanna High adopts and reiterates each and every
255. As a result of the above-mentioned actions of the
Defendants, Philip Waddell, who owns seventeen manufactured homes
Page 68 of 76
located at North Moreland Place and Spring Run Subdivision, in
Lincoln County, Kentucky, sustained property damage and a
diminution in the fair value of the real property upon which said
manufactured homes are located, in excess of the minimal
jurisdictional limits of this court.
COUNT LXXXV
Brayden West, by and through his
parent and next friend, Tammy Ridge
256. That the Plaintiff, Brayden West, by and through his
parent and next friend, Tammy Ridge, adopts and reiterates each
Defendants, Brayden West, by and through his parent and next
friend, Tammy Ridge suffered personal injuries and resulting
of this court.
COUNT LXXXVI
David West
258. That the Plaintiff, David West, adopts and reiterates
Defendants, David West suffered personal injuries and resulting
Page 69 of 76
of this court.
Defendants, David West suffered property damage in an amount
COUNT LXXXVII
Austin Williams
261. That the Plaintiff, Austin Williams, adopts and
Defendants, Austin Williams suffered personal injuries and
COUNT LXXXVIII
James Evan Williams, by and through his
parent and next friend, Christina Barber
263. That the Plaintiff, James Evan Williams, by and through
his parent and next friend, Christina Barber, adopts and reiterates
Defendants, James Evan Williams, by and through his parent and
next friend, Christina Barber suffered personal injuries and
Page 70 of 76
COUNT LXXXIX
Sheila Williams
265. That the Plaintiff, Sheila Williams, adopts and
Defendants, Sheila Williams suffered personal injuries and
Defendants, Sheila Williams suffered property damage in an amount
COUNT XC
Shawn Williams
268. That the Plaintiff, Shawn Williams, adopts and
Defendants, Shawn Williams suffered personal injuries and
Page 71 of 76
COUNT XCI
Obie Wilson
270. That the Plaintiff, Obie Wilson, adopts and reiterates
Defendants, Obie Wilson suffered personal injuries and resulting
of this court.
Defendants, Obie Wilson suffered property damage in an amount
COUNT XCII
Estate of Delmar Wilson,
By and through its executrix, Angie Wilson
273. That the Plaintiff, the Estate of Delmar Wilson, by and
through its executrix, Angie Wilson, adopts and reiterates each
Defendants, the Estate of Delmar Wilson, by and through its
executrix, Angie Wilson, suffered property damage in an amount
exceeding the minimum jurisdictional amount of this court
Page 72 of 76
COUNT XCIII
Chris Worthington
275.That the Plaintiff, Chris Worthington, adopts and
276.As a result of the above-described actions of Defendants,
Chris Worthington suffered personal injuries and resulting damages
in an amount exceeding the minimum jurisdictional amount of this
court.
COUNT XCIV
Zachery Worthington, by and through his
parent and next friend, Chris Worthington
277.That the Plaintiff, Zachery Worthington, by and through
his parent and next friend, Chris Worthington, adopts and
278.As a result of the above-described actions of Defendants,
Zachery Worthington, by and through his parent and next friend,
Chris Worthington suffered personal injuries and resulting damages
in an amount exceeding the minimum jurisdictional amount of this
court.
Page 73 of 76
COUNT XCIIV
Jeremy Yates, by and through his
parent and next friend, Rebecca Montgomery
279. That the Plaintiff, Jeremy Yates, by and through his
parent and next friend, Rebecca Montgomery, adopts and
reiterates each and every allegation stated above as if
set out fully in this paragraph and incorporate them by
reference.
280. As a result of the above-described actions of Defendants,
Jeremy Yates, by and through his parent and next friend,
Rebecca Montgomery suffered personal injuries and
WHEREFORE, the Plaintiffs demand judgment against the
Defendants, jointly and severally, as follows, to-wit:
1. For compensatory damages for each Plaintiff in an amount
in excess of minimal jurisdictional limits of this court to
adequately and properly compensate each Plaintiff for their
respective medical expenses and future medical expenses; for their
respective physical pain and mental and emotional suffering; for
their respective future physical pain and mental and emotional
suffering; for their respective lost earnings and for the
impairment of their respective power and ability to earn money in
Page 74 of 76
the future; for their respective loss of enjoyment of life; and
for any and all other damages to which each may be properly
entitled pursuant to the laws of this Commonwealth;
2. For compensatory damages for those Plaintiffs who have
suffered property damage and/or the diminution in the value of
their property in an amount in excess of the minimal jurisdictional
limits of this court;
3. For exemplary damages in an amount in excess of the minimal
jurisdictional limits of this court due to the Defendants’ gross
negligence, wanton, willful and/or reckless conduct;
4. For judgment interest in any amount found to be due and
owing to each respective Plaintiff herein;
5. For trial by jury;
6. For the Plaintiffs’ costs incurred herein and expended,
including a reasonable fee for their attorneys; and
7. For any and all other relief to which each Plaintiff may
appear properly entitled.
CERTIFICATION
This is to certify that pursuant to KRS 411.188(2), the
undersigned attorneys have notified by certified mail this the
30th day of July 2020, and all of those parties believed to
possibly hold subrogation rights to any award received by the
Plaintiffs as a result of this action and that the failure to
Page 75 of 76
assert subrogation rights by intervention, pursuant to Kentucky
Civil Rule 24 or otherwise, will result in a loss of those rights
with respect to any final award received by the Plaintiffs as a
result of this action.
Respectfully submitted,
/s/ Ephraim W. Helton

HON. EPHRAIM W. HELTON
HON. STACY E. COONTZ
HON. BRENDAN J. SHEVLIN
HON. RAMONA LITTLE
432 West Main Street
P. O. Box 137
Danville, KY 40423-0137
(859) 236-4520
Page 76 of 76

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COMMONWEALTH OF KENTUCKY

28TH JUDICIAL CIRCUIT

CHARLES BAKER, JR.

PORSHA BAXTER, BY AND THROUGH HER

JASMINE BLAKEY, BY AND THROUGH HER

JORDAN EDMONDS, BY AND THROUGH HIS

LOGAN FARMER, BY AND THROUGH HIS

RONALD J. GIVENS, II, BY AND THROUGH

BEN GOOCH, BY AND THROUGH HIS

ZOEY GOOCH, BY AND THROUGH HER

AMBER GOOCH, BY AND THROUGH HER

GRACIE HAYES, BY AND THROUGH HER

MADELINE ISBELL, BY AND THROUGH HER

EMILY JEFFRIES, BY AND THROUGH HER

REID JEFFRIES, BY AND THROUGH HIS

BAYLEE KARNES, BY AND THROUGH HER

DESI LAMB, BY AND THROUGH HER

RON'S RESIDENTIAL SERVICES INC

JAXSON SAMMS, BY AND THROUGH HIS

ESTATE OF WILLIAM THOMPSON, BY AND THROUGH

PHILIP WADDELL, BY AND THROUGH HIS

BRAYDEN WEST, BY AND THROUGH HIS

JAMES EVAN WILLIAMS, BY AND THROUGH HIS

ESTATE OF DELMAR WILSON, BY AND THROUGH

ZACHERY WORTHINGTON, BY AND THROUGH HIS

JEREMY YATES, BY AND THROUGH HIS

TEXAS EASTERN TRANSMISSION, LP DEFENDANTS

Serve: CT Corporation, Registered Agent

SPECTRA ENERGY OPERATING COMPANY, LLC

SPECTRA ENERGY TRANSMISSION RESOURCES, LLC

Serve: Secretary of State

SPECTRA ENERGY TRANSMISSION SERVICES, LLC

Serve: Secretary of State

SPECTRA ENERGY CORP.

Serve: Secretary of State

Serve: Secretary of State

NDT SYSTEMS & SERVICES (AMERICA) INC.;

Serve: Secretary of State

NDT SYSTEMS & SERVICES LLC;

NDT GLOBAL LLC; and

Serve: Secretary of State

UNKNOWN DANVILLE COMPRESSOR STATION OPERATOR

Come the Plaintiffs, Charles Baker, Jr.; Sheila Baker;

Christina Barber; Porsha Baxter, by and through her guardian and

Blakey; Steve Bugg; Jowanna Clarkson; Patricia Coulter; William

Coulter; Angela Crank; Ean Daly; Tara Denham; Brandon Dewolfe;

Debbie Douglas; Tim Douglas; Jordan Edmonds, by and through his

guardian and next friend, Jowanna Clarkson; Jarod Elam; Jess

next friend, Ronald J. Givens, I; Reed Glasscock; Conley Gooch;

through her guardian and next friend, Theresa Ridgway; Everado

Jaramillo; Carla Jaramillo; Samuel A. Jeffries; Tracy Jeffries;

A. Jeffries; Reid Jeffries, by and through his parent and next

friend, Samuel A. Jeffries; Stanley Johnson; Baylee Karnes, by and

Michael Kennedy; Ronald Lamb; Patricia Lamb; Desi Lamb, by and

David McFadden; Alyssa McGuffey; Benny Moore; Isaac Moore; James

Moore; Donna Mosley; Stephanie Mullins; Virginia Patterson;

Stephanie Patterson; James Pluess; Renee Pluess; Scott Preston;

Traci Preston; Matthew Preston; Virginia Ramos; Tammy Ridge; Ron's

Residential Services Inc; Jaxson Samms, by and through his parent

and next friend, Tara Denham; Brian Sears; Connie Smallwood;

Ridge; Ryan Ridgway; Theresa Ridgway; Philip Waddell, by and

through his attorney-in-fact, Shanna High; David West; Austin

friend, Christina Barber; Sheila Williams; Shawn Williams; Obie

Wilson; Chris Worthington; Zachery Worthington, by and through his