Page 15 - july-august 2019
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Putative Class Action Could
Require That Gas Retailers
Provide Gas Detectors
By Mike Dreyer
recent class action that knowledge, the complaint warned in the event natural gas
lawsuit, filed on April alleges that Atmos’s consumer is unknowingly leaking in their
11, 2019, in Dallas, warning program focuses on home or property ”
A Texas, could ultimate- what to do if one smells gas but It is unclear how any
ly require a Texas-based natural does nothing to warn about Court could fashion an order
gas supplier to provide all of its odor fade and the possibility providing the requested relief
customers with gas detectors of the presence of a gas leak How does anyone determine
so that its customers can be that a consumer cannot smell whether a safety campaign
warned in the event of a gas The complaint details a number is “effective”? How is effec-
leak The suit is styled Robert of other natural gas accidents tiveness measured, and who
Russell McElyea, Individually where no one smelled gas be- decides whether any given
and on Behalf of All Others Sim- fore an explosion program is “effective” enough?
ilarly Situated in Texas vs Atmos In his suit, McElyea does The request concerning gas
Energy Corporation, Dallas not seek monetary damag- Continued on page 16...
County, Texas, Case No CC- es Instead, he asks the Court
19-02170-C The alleged events to provide
that precipitated the filing are nonmonetary WORLD CLASS PERFORMANCE
sometimes also found in pro- relief, includ- FROM AMERICA’S
pane related accidents, so this ing requiring INDUSTRY LEADER
case bears watching Atmos to PRODUCTS:
According to the com- “design and • New TRANSPORT TRAILERS
• New BOBTAILS
plaint, Robert McElyea was se- implement • New BULK STORAGE TANKS
verely injured on May 14, 2017, an effective Ask about availability of
used or refurbished
when a natural gas explosion public safety transport trailers and bobtails
occurred at the home of his awareness SERVICES:
friend, Raul Pedroza The two campaign” • Refurbishing & Repairs
friends were preparing lunch, that warns • Blasting & Painting
• 5-Year Inspections
and when Pedroza attempted about odor • Annual Inspections
to turn on the stove, the explo- fade, and • Stress Relieving
sion occurred Pedroza suffered he asks the • Parts
burns over 70% of his body and Court to PROUDLY MANUFACTURED & ASSEMBLED IN THE USA
passed away 15 months later; order Atmos
McElyea experienced severe “to provide MISSISSIPPI
burn injuries but survived The its customers TANK COMPANY
complaint alleges that Atmos with natural HEADQUARTERS INDIANA DIVISION
provides gas to millions of Texas gas detection P O Drawer 1391 1301 East Elkhorn Road
Vincennes, IN 47591-8004
Hattiesburg, MS 39403-1391
households and that Atmos devices so PH: 800-331-8265 ext. 224 PH: 812-886-8265
FAX: 601-264-0769
FAX: 812-886-8979
knows “odor fade is a major that its cus- www .mstank.com
EMAIL: salesid@mstank.com
EMAIL: sales@mstank.com
problem in Texas ” Despite tomers will be
15 Alabama Propane Gas Association | July / August 2019
