NOTICE OF ELECTRONIC FILING - Cory Watson · PDF fileAlaFile E-Notice To: LEILA H. WATSON...

AlaFile E-Notice

To: LEILA H. WATSON

[email protected]

01-CV-2014-900131.00

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

The following complaint was FILED on 1/8/2014 4:32:45 PM

BRITTANY T MABRY ET AL V. ALABAMA GAS CORPORATION ET AL

01-CV-2014-900131.00

Notice Date: 1/8/2014 4:32:45 PM

ANNE-MARIE ADAMS

CIRCUIT COURT CLERK

JEFFERSON COUNTY, ALABAMA

716 N. RICHARD ARRINGTON BLVD.

BIRMINGHAM, AL 35203

205-325-5355

[email protected]

JEFFERSON COUNTY, ALABAMA

State of Alabama

Unified Judicial System

Form ARCiv-93 Rev.5/99

COVER SHEETCIRCUIT COURT - CIVIL CASE

(Not For Domestic Relations Cases)

Case Number:

Date of Filing:

01-CV-2014-900131.00

01/08/2014

Judge Code:

GENERAL INFORMATION

IN THE CIRCUIT OF JEFFERSON COUNTY, ALABAMA

First Plaintiff:

BRITTANY T MABRY ET AL v. ALABAMA GAS CORPORATION ET AL

Business

Government

Individual

Other

BusinessFirst Defendant:

Government

Individual

Other

NATURE OF SUIT:

TORTS: PERSONAL INJURY

WDEA - Wrongful Death

TONG - Negligence: General

TOMV - Negligence: Motor Vehicle

TOMM - Malpractice-Medical

TOPL - Product Liability/AEMLD

TOWA - Wantonnes

TOLM - Malpractice-Legal

TOOM - Malpractice-Other

TBFM - Fraud/Bad Faith/Misrepresentation

TOXX - Other:

TORTS: PERSONAL INJURY

TOPE - Personal Property

TORE - Real Property

OTHER CIVIL FILINGS

ABAN - Abandoned Automobile

ACCT - Account & Nonmortgage

APAA - Administrative Agency Appeal

ADPA - Administrative Procedure Act

ANPS - Adults in Need of Protective Services

OTHER CIVIL FILINGS (cont'd)

MSXX -

CVRT - Civil Rights

COND - Condemnation/Eminent Domain/Right-of-Way

CTMP-Contempt of Court

CONT-Contract/Ejectment/Writ of Seizure

Birth/Death Certificate Modification/Bond ForfeitureAppeal/Enforcement of Agency Subpoena/Petition toPreserve

TOCN - Conversion

EQND- Equity Non-Damages Actions/DeclaratoryJudgment/Injunction Election Contest/Quiet Title/Sale ForDivision

CVUD-Eviction Appeal/Unlawfyul Detainer

FORJ-Foreign Judgment

FORF-Fruits of Crime Forfeiture

MSHC-Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition

PFAB-Protection From Abuse

FELA-Railroad/Seaman (FELA)

RPRO-Real Property

WTEG-Will/Trust/Estate/Guardianship/Conservatorship

COMP-Workers' Compensation

CVXX-Miscellaneous Circuit Civil Case

ORIGIN: F

R

A

T

INITIAL FILING

REMANDED

APPEAL FROMDISTRICT COURT

TRANSFERRED FROMOTHER CIRCUIT COURT

O OTHER

HAS JURY TRIAL BEEN DEMANDED? Yes No

RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED

MEDIATION REQUESTED: Yes No Undecided

ATTORNEY CODE: WAT052 1/8/2014 4:32:43 PM /s/ LEILA H. WATSON

ELECTRONICALLY FILED1/8/2014 4:32 PM

01-CV-2014-900131.00CIRCUIT COURT OF

JEFFERSON COUNTY, ALABAMAANNE-MARIE ADAMS, CLERK

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IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA BRITTANY T. MABRY, Administratrix ) of the Estate of TYRENNIS LAVAL ) MABRY, Deceased; ) DENISE MABRY BARNES; ) ANTUAN D. MABRY; ) ) Plaintiffs, ) ) Vs. ) CASE NO.: ) ALABAMA GAS CORPORATION; ) HOUSING AUTHORITY OF THE ) BIRMINGHAM DISTRICT; ) FICTITIOUS DEFENDANTS, A, B, C, ) and D, whether singular or plural, being ) those persons, corporations or other entities ) whose negligent and/or wanton actions or ) inactions caused or contributed to the ) explosion and events that caused the death ) of Tyrennis Mabry and the injuries to the ) Plaintiffs; ) FICTITIOUS DEFENDANTS E, F, G, ) and H, whether singular or plural, being ) those persons, corporations or other entities ) who owned, leased or were responsible for ) maintaining or ensuring the safety of the ) Marks Village Apartments and/or any ) natural gas delivery equipment in and ) around the Marks Village Apartments in ) Birmingham, Alabama, connected to or ) related to the explosion and events that ) caused the death of Tyrennis Mabry and ) the injuries to the Plaintiffs; ) FICTITIOUS DEFENDANTS I, J, K ) and L, whether singular or plural, being ) those persons, corporations or other entities ) who were manufacturers, designers, ) distributors, and/or sellers of equipment ) and other products that caused or ) contributed to the explosion and events ) that caused the death of Tyrennis Mabry ) and the injuries to the Plaintiffs; ) FICTITIOUS DEFENDANTS M, N, O ) and P, whether singular or plural, being )




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those persons, corporations or other entities ) who by statute, agreement, contract, ) undertaking or otherwise were responsible ) for the maintenance and safety of the natural ) gas distribution lines and equipment in and ) around the Marks Village Apartments in ) Birmingham, Alabama, including but not ) limited to inspecting, maintaining, correcting) hazardous or dangerous conditions in, ) repairing, and/or replacing said natural gas ) distribution lines and equipment, and whose ) failure to properly inspect, maintain, repair, ) and/or replace said natural gas lines and ) equipment caused or contributed to the ) explosion and events that caused the death ) of Tyrennis Mabry and the injuries to the ) Plaintiffs; FICTITIOUS DEFENDANTS Q, R, S ) and T, whether singular or plural, being ) those persons, corporations or other entities ) who disturbed and/or dug the ground in ) which the cast iron natural gas pipeline was ) buried in Marks Village that caused said ) pipeline to leak which in turn caused or ) contributed to the explosion of December 17 ) 2013 that destroyed Unit 80 causing the ) death of Tyrennis Mabry and the injuries to ) the other Plaintiffs; ) FICTITIOUS DEFENDANTS U, V, W ) and X, whether singular or plural, being ) those persons, corporations or other entities ) who are the predecessors or successors in ) interest of the named Defendants and ) Fictitious Defendants. ) Plaintiffs state that the identity of the ) fictitious defendants is unknown to ) Plaintiffs at this time, or if their names are ) known to Plaintiffs, their identities as proper ) party defendants is unknown to Plaintiffs at ) this time; but their true names will be ) substituted by amendment when this ) information is obtained. ) ) Defendants. )

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COMPLAINT Comes now the Plaintiff, BRITTANY T. MABRY, as Administratrix of the Estate of

TYRENNIS LAVAL MABRY, DECEASED, DENISE MABRY BARNES, Individually, and

ANTUAN D. MABRY, Individually, and state as follows:

PARTIES

1. Plaintiff, BRITTANY T. MABRY, is the Administratrix of the Estate of

TYRENNIS LAVAL MABRY, DECEASED. The Estate is pending in the Probate Court of

Jefferson County. At the time of her death, TYRENNIS LAVAL MABRY was an adult resident

and citizen of Birmingham, Jefferson County, Alabama. At the time of her death, she had four

children: Brittany T. Mabry, Dewayne Mabry, Antuan D. Mabry and Corey Sanders.

2. Plaintiff, DENISE MABRY BARNES, is an adult citizen and resident of

Birmingham, Jefferson County, Alabama. Denise Mabry Barnes is the mother of Tyrennis

LaVal Mabry and the grandmother of Brittany T. Mabry, Dewayne Mabry, Antuan D. Mabry

and Corey Sanders.

3. Plaintiff, ANTUAN D. MABRY, is an adult citizen and resident of Birmingham,

Jefferson County, Alabama.

4. Defendant, ALABAMA GAS CORPORATION (hereinafter “Alagasco”) is an

Alabama corporation with its principal place of business in Birmingham, Alabama. Alagasco is

the largest distributor of natural gas in the state of Alabama, and provided natural gas to

Plaintiffs’ apartment.

5. Defendant, HOUSING AUTHORITY OF THE BIRMINGHAM DISTRICT

(hereinafter “HABD”) is a housing authority organized pursuant to Alabama Code § 24-1-1 et

seq. (1975). HABD owns and manages public housing communities throughout Birmingham,

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including a large community known as Marks Village. HABD rented Unit 80 of Marks Village

to Tyrennis Mabry and the other Plaintiffs.

6. Fictitious Defendants, A, B, C, and D, whether singular or plural, being those

persons, corporations or other entities whose negligent and/or wanton actions or inactions caused

or contributed to the explosion and events that caused the death of Tyrennis Mabry and the

injuries to the Plaintiffs;

7. Fictitious Defendants E, F, G, and H, whether singular or plural, being those

persons, corporations or other entities who owned or were responsible for maintaining or

ensuring the safety of the Marks Village Apartments and/or any natural gas delivery equipment

in and around the Marks Village Apartments in Birmingham, Alabama, connected to or related to

the explosion and events that caused the death of Tyrennis Mabry and the injuries to the

Plaintiffs;

8. Fictitious Defendants I, J, K and L, whether singular or plural, being those

persons, corporations or other entities who were manufacturers, designers, distributors, and/or

sellers of equipment and other products that caused or contributed to the explosion and events

that caused the death of Tyrennis Mabry and the injuries to the Plaintiffs;

9. Fictitious Defendants M, N, O and P, whether singular or plural, being those

persons, corporations or other entities who by statute, agreement, contract, undertaking or

otherwise were responsible for the maintenance and safety of the natural gas distribution lines

and equipment in and around the Marks Village Apartments in Birmingham, Alabama, including

but not limited to inspecting, maintaining, correcting hazardous or dangerous conditions in,

repairing, and/or replacing said natural gas distribution lines and equipment, and whose failure to

properly inspect, maintain, repair, and/or replace said natural gas lines and equipment caused or

5

contributed to the explosion and events that caused the death of Tyrennis Mabry and the injuries

to the Plaintiffs;

9a. Fictitious Defendants Q, R, S and T, whether singular or plural, being those persons,

corporations or other entities who disturbed and/or dug the ground in which the cast iron natural

gas pipeline was buried in Marks Village that caused said pipeline to leak which in turn caused

or contributed to the explosion of December 17, 2013 that destroyed Unit 80 causing the death of

Tyrennis Mabry and the injuries to the other Plaintiffs.

10. Fictitious Defendants U, V, W and X, whether singular or plural, being those

persons, corporations or other entities who are the predecessors or successors in interest of the

named Defendants and Fictitious Defendants.

11. Plaintiffs state that the identity of the fictitious defendants is unknown to

Plaintiffs at this time, or if their names are known to Plaintiffs, their identities as proper party

defendants is unknown to Plaintiffs at this time; but their true names will be substituted by

amendment when this information is obtained.

FACTS

12. Charles P. Marks Village (hereinafter “Marks Village”) is a public housing

project built by Defendant HABD in about 1951. Since it was first opened for residency in or

about 1952, Marks Village has always been owned, operated, managed and supervised by

Defendant HABD as a public housing project.

13. Upon information and belief, Defendant ALAGASCO, constructed the natural gas

distribution system for Marks Village in about 1951, with knowledge that the distribution system

was to provide natural gas to residential customers. ALAGASCO has been the owner, operator,

6

and entity recognized by the Public Service Commission as the responsible entity for the natural

gas distribution system for Marks Village continually, since it was constructed in about 1951.

14. Defendant ALAGASCO used cast iron pipe when constructing the natural gas

distribution system in Marks Village in 1951.

15. The National Transportation Safety Board (hereinafter “NTSB”) is charged by

Congress to investigate pipeline accidents, and using its investigative findings to develop safety

recommendations which are then issued to the appropriate governmental agencies and industries

with the goal of improving pipeline transmission safety.

16. In 1990, the NTSB investigated an explosion and fire in Allentown, Pennsylvania

and determined it was caused by a crack in a 4-inch cast iron natural gas main, and issued

Recommendation P-91-12 to:

Require each gas operator to implement a program, based on factors such as age, pipe

diameter, operating pressure, soil corrosiveness, existing graphitic damage, leak history,

burial depth, and external loading, to identify and replace in a planned, timely manner

cast iron piping systems that may threaten public safety.

Information about this Recommendation was provided in a Pipeline Safety Alert Notice issued

on October 11, 1991 by the U.S. Department of Transportation, Research and Special Program

Administration (hereinafter “RSPA”), and addressed to “Each Owner or Operator of a Gas

Pipeline Facility.”

17. Thereafter, on June 26, 1992, RSPA issued a second Pipeline Safety Alert Notice

regarding “Cast Iron Pipe” and again addressing it to “Each Owner or Operator of a Gas Pipeline

Facility.” This second Alert Notice reminded all owners and operators of the Recommendation

and advised that the governing federal regulation (49 C.F.R. 192.613) “requires that each

7

operator have a procedure for continuing surveillance of its pipeline facilities to identify

problems and take appropriate action concerning failures, leakage history, corrosion, and other

unusual operating and maintenance conditions. This procedure should also include surveillance

of cast iron to identify problems and take appropriate action concerning graphitization.”

18. In 2011, NTSB investigated explosions and fires in Allentown, Pennsylvania and

Philadelphia, Pennsylvania, and traced the source of both explosions to cracks in old cast iron

natural gas lines. NTSB and U.S. Department of Transportation, Pipeline and Hazardous

Materials Safety Administration (hereinafter “PHMSA”), which replaced the RSPA, exercised

their authority over pipelines and issued Advisory Bulletin 2012-05 regarding “Cast Iron Pipe”

on March 23, 2012, and addressed it to “Each Owner and Operator of a Natural Gas Cast Iron

Distribution Pipeline Facility,” urging:

PHMSA urges owners and operators to conduct a comprehensive review of their cast iron

distribution pipeline systems and replacement programs and to accelerate pipeline repair,

rehabilitation, and replacement of aging and high-risk pipe. Recent incidents, such as the

deadly explosions in Philadelphia and Allentown, Pennsylvania involving cast iron pipe

failures, have focused attention on our Nation’s aging pipeline infrastructure and

underline the importance of having valid methods for evaluating the integrity of pipelines

to better ensure public safety.

19. Defendant, ALAGASCO, is an Owner and Operator of a Natural Gas Cast Iron

Distribution Pipeline Facility, and knew or should have known of the Pipeline Safety Alert

Notices, the Advisory Bulletin 2012-05 and the federal regulations governing its cast iron gas

pipelines.

8

20. Old natural gas cast iron distribution pipelines pose an abnormally high risk of

harm as described in the Advisory Bulletin 2012-05. Defendant, ALAGASCO, as the Owner

and Operator of such a pipeline facility is engaged in an abnormally dangerous activity, and is

strictly liable for all harm caused by its operation of the pipeline facility.

21. Additionally, numerous complaints had been made to Defendant, ALAGASCO,

of natural gas leaks and natural gas odors in and about the Marks Village area and in the vicinity

of the natural gas cast iron distribution pipeline owned and operated by ALAGASCO, which

caused the event and explosion that led to the death of TYRENNIS MABRY and the injuries to

the other Plaintiffs.

22. TYRENNIS MABRY lived in Unit 80 of Marks Village located at 7546 64th

Court Way South, Birmingham, Alabama with her children and her mother.

23. In the early morning hours of December 17, 2013, the natural gas cast iron

distribution pipeline leaked and caused an explosion that engulfed and destroyed Unit 80 and

caused the death of TYRENNIS LAVAL MABRY and the injuries and harm to ANTUAN D.

MABRY and his grandmother, DENISE MABRY BARNES, and others.

COUNT I NEGLIGENCE AGAINST ALAGASCO

WRONGFUL DEATH

24. Plaintiff, BRITTANY T. MABRY, Administratrix of the Estate of TYRENNIS

LAVAL MABRY, Deceased, adopts and incorporates all the relevant allegations above as if set

out in this Count.

25. Defendant, ALAGASCO, and fictitiously described Defendants, had a duty to

operate and maintain safely a natural gas distribution system in Marks Village.

9

26. Defendant, ALAGASCO, and fictitiously described Defendants, breached this

duty by negligently:

a. Failing to test, inspect, repair, maintain, rehabilitate and replace aging

cast iron natural gas pipeline facilities owned and operated by the Defendant, especially when

those facilities are used to deliver services to a residential neighborhood;

b. Failing to adequately and completely investigate reports and complaints of

natural gas leaks and natural gas odors in Marks Village where Plaintiffs and Plaintiff’s decedent

lived;

c. Failing to detect leaks, cracks, loss of integrity, and other weaknesses in

the natural gas pipeline facilities in Marks Village;

d. Failing to warn and/or protect Plaintiffs and Plaintiff’s decedent, and

others that lived in Marks Village, of the dangerous condition of the natural gas pipeline facilities

in close proximity to their homes.

27. As a direct cause of Defendant, ALAGASCO, and fictitiously described

Defendants, negligence, TYRENNIS LAVAL MABRY was killed.

WHEREFORE THE ABOVE PREMISES CONSIDERED, Plaintiff, BRITTANY T.

MABRY, Administratrix of the Estate of TYRENNIS LAVAL MABRY, Deceased, demands

judgment against all Defendants, named and fictitiously described, for punitive damages, costs,

interest and fees, as determined by the jury to be fair and just.

COUNT II NEGLIGENCE AGAINST ALAGASCO

PERSONAL INJURIES

28. Plaintiffs, DENISE MABRY BARNES and ANTUAN D. MABRY, adopt and

incorporate all the relevant allegations above as if set out in this Count.

10

29. The foregoing negligent conduct by the Defendant, ALAGASCO, and Fictitiously

Described Defendants caused the following injuries and damages sustained by Plaintiffs,

DENISE MABRY BARNES and ANTUAN D. MABRY:

a. Plaintiff, DENISE MABRY BARNES, was caused to suffer physical injury, including fractures of the pelvis and feet, loss of hearing, cuts, burns, bruises and other injuries;

b. Plaintiff, ANTUAN D. MABRY, was caused to suffer physical injury,

including torn muscles, cuts, burns, bruises and other injuries; c. Plaintiffs were caused and will be caused in the future to suffer great

physical pain, emotional distress and trauma, and mental anguish; d. Plaintiffs were caused and will be caused in the future to expend sums of

money for the medical treatment of their injuries and for their pain and disabilities;

e. Plaintiffs were prevented from going about their normal activities and

have suffered a loss of their enjoyment of life; and f. Plaintiffs were caused to be temporarily and permanently impaired and

disfigured.

g. Plaintiffs have suffered the loss of all their personal possessions, clothing, furniture, life work, and everything they owned.

WHEREFORE, the above premises considered, Plaintiffs, DENISE MABRY BARNES

and ANTUAN D. MABRY demands judgment against all Defendants, named and fictitiously

described, for compensatory damages, costs, interest and fees, as determined by the jury to be

fair and just to adequately compensate them for the injuries and damages sustained.

COUNT III WANTONNESS AGAINST ALAGASCO

WRONGFUL DEATH



out in this Count.

11

31. Defendant, ALAGASCO, and fictitiously described Defendants, had a duty to

operate and maintain safely a natural gas distribution system in Marks Village.

32. Defendant, ALAGASCO, and fictitiously described Defendants, breached this

duty by wantonly:

a. Failing to test, inspect, repair, maintain, rehabilitate and replace aging cast

iron natural gas pipeline facilities owned and operated by the Defendant, especially when those

facilities are used to deliver services to a residential neighborhood;

b. Failing to adequately and completely investigate reports and complaints of

natural gas leaks and natural gas odors in Marks Village where Plaintiffs and Plaintiff’s decedent

lived;

c. Failing to detect leaks, cracks, loss of integrity, and other weaknesses in

the natural gas pipeline facilities in Marks Village;

d. Failing to warn and/or protect Plaintiffs and Plaintiff’s decedent, and

others that lived in Marks Village, of the dangerous condition of the natural gas pipeline facilities

in close proximity to their homes.


Defendants, wanton conduct, TYRENNIS LAVAL MABRY was killed.

WHEREFORE THE ABOVE PREMISES CONSIDERED, Plaintiff, BRITTANY




COUNT IV WANTONNESS AGAINST ALAGASCO

PERSONAL INJURY

12



35. The foregoing wanton conduct by the Defendant, ALAGASCO, and Fictitiously

Described Defendants caused the following injuries and damages sustained by Plaintiffs,

DENISE MABRY BARNES and ANTUAN D. MABRY:








disfigured.




described, for compensatory and punitive damages, costs, interest and fees, as determined by the

jury to be fair and just to adequately compensate them for the injuries and damages sustained,

and to punish the Defendants for their wanton conduct.

COUNT V STRICT LIABILITY AGAINST ALAGASCO

WRONGFUL DEATH

13



out in this Count.

37. Defendant, ALAGASCO, and Fictitiously Described Defendants, are the owners

and operators of a Natural Gas Cast Iron Distribution Pipeline Facility that was installed in 1951,

and at the time of the explosion was 62 years old. Defendants had been put on notice by the

NTSB and the PHMSA, and its predecessor the RSPA, that the operation and use of the cast iron

pipeline facility posed an abnormally high risk of harm to people. Defendants as the Owner and

Operator of such a pipeline facility were engaged in an abnormally dangerous activity, and are

strictly liable for all harm caused by its operation of the pipeline facility.

38. Defendants operation of the 62 year old Natural Gas Cast Iron Distribution

Pipeline Facility, with or without knowledge of reports of gas leaks and gas odors, is an

abnormally dangerous activity for which Defendants are strictly liable to the Plaintiffs.


Defendants, abnormally dangerous activity and conduct, TYRENNIS LAVAL MABRY was

killed.





COUNT VI STRICT LIABILITY AGAINST ALAGASCO

PERSONAL INJURY

14



41. As a direct cause of Defendant, ALAGASCO, and Fictitiously Described

Defendants abnormally dangerous activity and conduct, Plaintiffs, DENISE MABRY BARNES

and ANTUAN D. MABRY, were caused the following injuries and damages:








disfigured.






and to punish the Defendants for their bad conduct.

COUNT VII NEGLIGENCE, WANTONNESS AND BREACH OF STATUTORY

AND CONTRACTUAL OBLIGATIONS AGAINST HABD

15

WRONGFUL DEATH 42. Plaintiff, BRITTANY T. MABRY, Administratrix of the Estate of TYRENNIS


out in this Count.

43. Defendant, HABD, and Fictitiously Described Defendants, owned, leased,

managed and were otherwise responsible for the Marks Village Apartments where TYRENNIS

MABRY and the other Plaintiffs lived.

44. Defendant, HABD, and Fictitiously Described Defendants, negligently and/or

wantonly breached their duty to their tenants and lessees, by:

a. Failing to inspect the premises and common areas of Marks Village for

hazardous conditions, gas leaks, gas odors, and other unsafe conditions.

b. Failing to adequately and completely address hazardous conditions, gas

leaks, gas odors and other unsafe conditions in Marks Village.

c. Disturbing and/or digging the ground in which the cast iron natural gas

pipeline was buried in Marks Village causing said pipeline to leak that in turn caused or

contributed to the explosion that destroyed Unit 80 and killed Tyrennis Mabry.

d. Violating the Alabama law that regulates Landlord and Tenant

relationships pursuant to Alabama Code Section 35-9A-204 reads in pertinent part:

(a) A landlord shall: (1) Comply with the requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a habitable condition; (3) Keep all common areas of the premises in a clean and safe condition;

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(4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord.

Alabama Code Section 35-9A-401 provides that:

(b) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for noncompliance by the landlord with the rental agreement or Section 35-9A-204. If the landlord’s noncompliance is in bad faith, the tenant may recover reasonable attorney’s fees.

The Defendants’ failure to discover and have repaired the natural gas pipeline leak

breached the habitable condition of the apartment and compromised the health and safety of the

Plaintiffs.

e. Breaching the contractual promises of the lease with the Plaintiffs by

failing to provide safe, decent and sanitary housing and make repairs.

45. As a direct cause of Defendant, HABD, and fictitiously described Defendants,

breach of their statutory obligations, breach of their contractual obligations and their negligent

and/or wanton conduct, TYRENNIS LAVAL MABRY was killed.





COUNT VII NEGLIGENCE, WANTONNESS AND BREACH OF STATUTORY

AND CONTRACTUAL OBLIGATIONS AGAINST HABD PERSONAL INJURY

17



47. The foregoing breach of statutory obligations, breach of contractual obligations

and the negligent and/or wanton conduct by the Defendant, HABD, and Fictitiously Described

Defendants caused the following injuries and damages sustained by Plaintiffs, DENISE MABRY

BARNES and ANTUAN D. MABRY:








disfigured.






and to punish the Defendants for their negligent and/or wanton conduct.

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/s Leila H. Watson Leila H. Watson (WAT052) G. Rick DiGiorgio (DIG002) Mitchell G. Allen (ALL045) Attorneys for the Plaintiff

PLAINTIFF HEREBY DEMANDS TRIAL BY STRUCK JURY /s Leila H. Watson Leila H. Watson (WAT052) OF COUNSEL: Leila H. Watson, Esq. (WAT052) G. Rick DiGiorgio, Esq. (DIG002) Mitchell G. Allen, Esq. (ALL045) CORY WATSON CROWDER & DeGARIS, P.C. 2131 Magnolia Avenue Birmingham, AL 35205 Phone (205) 328-2200 Fax (205) 324-7896 Email: [email protected] Email: [email protected] Email: [email protected] DEFENDANTS’ ADDRESSES: PLEASE SERVE DEFENDANTS BY CERTIFIED MAIL

Alabama Gas Corporation Serve: David Woodruff 605 Richard Arrington Jr. Blvd North Birmingham, AL 35203 Housing Authority of the Birmingham District Serve: Naomi H. Truman 1826 3rd Avenue South Birmingham, AL 35255

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BRITTANY T. MABRY as Administratrix of the ESTATE of TYRENNIS LAVAL MABRY, Deceased; DENISE MABRY BARNES and AUTUAN D. MABRY, Plaintiffs, CASE NO.: vs. ALABAMA GAS CORPORATION; HOUSING AUTHORITY of the BIRMINGHAM DISTRICT, et al.,

PLAINTIFFS’ FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT

ALABAMA GAS CORPORATION

COMES NOW the Plaintiffs, Brittany T. Mabry as Administratrix for the Estate of Tyrennis Laval Mabry, Denise Mabry Barnes and Antuan D. Mabry, in the above styled cause and, pursuant to Rule 33 and Rule 34 of the Alabama Rules of Civil Procedure, propounds the following interrogatories and request for production to be answered separately by the Defendant, Alabama Gas Corporation as follows:

DEFINITIONS AND DIRECTIONS a. These discovery requests are continuing in character so as to require you to file Supplementary Answers if you obtain additional or different information before trial. b. Where the name or identity of a person is requested, please state full name, the person’s last known employer, the person’s last known address and last known phone number. Where the name or identity of a corporation or business entity is requested, please state full name, its last known address, last known phone number and identify the contact person of the corporation or entity used by this Defendant. c. Unless otherwise indicated, these discovery requests refer to the time, place and circumstances of the occurrence mentioned in the complaint and all subsequent pleadings filed in these proceedings. d. Where knowledge or information in possession of a party is requested, such request includes knowledge of the parties, agents, representatives and unless privileged, their attorneys. When answer is made by a corporate defendant, agency, association or other entity other than an individual, state the name, address and title of the person supplying the information and/or making the affidavit or oath and the source of said information.




2

e. If you cannot answer after conducting a reasonable investigation, you should so state and answer to the extent you can, stating what information you do have, what information you cannot provide and stating what effort you made to obtain the unknown information. f. The pronoun "you" or the term “this Defendant” refers to the party to whom these discovery requests are addressed, Alabama Gas Corporation, and the persons mentioned in clause "d."

g. “the subject gas pipeline” shall mean the natural gas distribution main gas pipeline and the service line that supplied natural gas to the apartment building in the 7500 block of 64th Court Way South, Birmingham, Alabama, where Apartment Unit 80 of the Marks Village Apartments was located as of December 17, 2013.

h. “the premises” means the building or remains thereof of Apartment Units 80 and 79 located in Marks Village Apartments in the 7500 block of 64th Court Way South in Birmingham, Alabama, as well as the surrounding common areas and the property in which any natural gas pipelines are or were buried at Marks Village.

i. “the explosion” means the event during which Tyrennis L. Mabry was killed on

December 17, 2013 while in Apartment Unit 80 of Marks Village Apartments in the 7500 block of 64th Court North in Birmingham, Alabama. . j. “Document” means any written, recorded or graphic matter, however produced or reproduced, and whether or not now in existence including, but not limited to, correspondence, all electronically generated and stored information such as emails, computer program information and screen shots, instant messages, text messages, telegrams, photographs, notes or sound or visual recordings of any type of personal or telephone conversations, or of meetings or conferences, minutes of directors or committee meetings, memoranda, inter-office communications, studies analyses, reports, results of investigations, reviews, contracts, agreements, working papers, statistical records, ledgers, books of account, financial statements and journals, vouchers, bank checks, invoices, receipts, computer data, blueprints, drawings, sketches, engineering plans, stenographer’s notebooks, calendars, appointment books, and diaries or papers similar to any of the foregoing, however denominated. It includes all matter that relates to or refers in whole or in part to the subjects referred to in a Request. If a Document has been prepared in several copies, or additional copies have been made, and the copies are not identical (or which, by reason of subsequent modification, are no longer identical), each non-identical copy is a separate “Document.”

INTERROGATORIES 1. Please state the full name, address, job title, and present employer of each person

answering and assisting in answering these Interrogatories on behalf of this Defendant.

ANSWER:

3

2. Describe the effect of graphitization on cast iron pipe.

ANSWER:

3. Has this Defendant ever used a computer program to develop a systematic

replacement program for cast iron pipe, such as the Cast-Iron Maintenance Optimization System

(CIMOS)? If yes, respond to the following:

a.) Identify the management person responsible for use of such computer programs

for each year of use since 1990.

b.) Identify the senior person(s) responsible for the day-to-day maintenance of each

such computer program since 1990.

ANSWER:

4. Did this Defendant receive the Alert Notice dated October 11, 1991 from the Research and

Special Programs Administration (RSPA) of the US Department of Transportation (DOT) regarding

Recommendation P-91-12 from the National Transportation Safety Board (NTSB)? If yes, describe

all actions taken by this Defendant in response to the RSPA October 11, 1991 Alert Notice.

ANSWER:

5. Describe all actions taken by this Defendant from 1990 through the current date to comply

with pipeline safety regulations to replace cast iron pipe on which general graphitization is found.

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ANSWER:

6. Identify the person currently employed by this Defendant who you believe is most

knowledgeable about the actions taken by this Defendant to inspect, repair and/or replace cast iron

pipe in use in this Defendant’s gas pipeline system from 1990 to the present date?

ANSWER:

7. Did this Defendant have in place a program, plan or method to identify, repair and/or

replace cast iron gas pipelines as of December 17, 2013? If yes,

a.) Identify the persons responsible for the implementation of such program

b.) Describe the method used by this Defendant to identify and replace cast iron gas

pipelines.

ANSWER:

8. As of December 17, 2013, did this Defendant have in place a program, plan or method to

identify cast iron gas pipes on which graphitization exists? If yes,

a.) Identify the persons responsible for the implementation of such program, plan

and/or method to identify cast iron gas pipes on which graphitization exits.

b.) Describe the method used by this Defendant to identify and replace cast iron gas

pipelines on which graphitization exists.

ANSWER:

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9. Did this Defendant ever replace any cast iron gas pipe on the premises of Marks Village

Apartments on or around Georgia Avenue and Joppa Street in Birmingham, Alabama or to service

the building in which Unit 80 of Marks Village was located from 1990 to the present date? If yes,

state:

a.) the date of each replacement of such cast iron pipe;

b.) the location of where each such replacement of such cast iron pipe was

performed;

c.) the identity of the persons most familiar with the replacement of such cast iron

gas pipes.

ANSWER:

10. Describe the Defendant’s program, plan or procedures for responding to reports of the smell

of gas in areas where this Defendant has cast iron gas pipeline in place as of December 17, 2013.

ANSWER:

11. Did this Defendant receive any reports of people smelling gas in the area of Marks Village

Apartments location in-and-around Georgia Avenue and Joppa Street at anytime from 1990 through

the present date? If yes, state:

a.) The date of each such report;

b.) The actions taken in response to each such report by this Defendant;

c.) The identify of each employee of this Defendant who responded to each such

report, if any.

ANSWER:

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12. Did this Defendant receive any documents developed by the Gas Piping Technology

Committee regarding procedures for determining the serviceability of cast iron pipe and/or to

identify the cast iron segments that may need replacement after January 1, 1990? If yes,

a.) Describe the documents received including the title, date and author;

b.) State whether this Defendant incorporated any procedures or plans proposed

in any such materials,

ANSWER:

13. Has this Defendant ever been a member of the American Gas Association (AGA)? If yes,

state:

a.) The dates when the Defendant was a member of the AGA.

b.) Identify the person employed by this Defendant who last participated as a

representative of this Defendant with the AGA.

ANSWER:

14. Has this Defendant ever tested the section of cast iron pipe that ruptured on December 17,

2013 on the premises of Marks Village in Birmingham, Alabama? If yes, please state the following:

a.) The dates of each such test;

b.) The nature and outcome of each such test;

c.) The identity of the persons or entities that performed each such tests.

ANSWER:

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15. Has this Defendant ever communicated with any employee or agent of the Housing

Authority of the Birmingham District (HABD) about gas pipelines or cast iron pipes located on or

about any of the properties owned or management of HABD at any time after January 1, 1990? If

yes please state:

a.) The date of each communication,

b.) The substance of each communication,

c.) The identity of the person making the communication and the person to

whom the communication was made,

d.) If the communication is contained in a document please produce a copy of

each such communication as part of your response to Plaintiffs’ Request for

Production of Documents.

ANSWER:

16. Has this Defendant ever received any communication or document from any employee or

agent of the HABD about gas smells, gas pipelines leaks in or about the premises of Marks Village

in Birmingham, Alabama? If yes please state:

a.) The date of each communication,

b.) The substance of each communication,

c.) The identity of the person making the communication and the person to

whom the communication was made,

d.) If the communication is contained in a document please produce a copy of

each such communication as part of your response to Plaintiffs’ Request for

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Production of Documents.

ANSWER:

17. Does this Defendant have any record of the ground in and around Marks Village

Apartments being disturbed by digging with machinery, earthquakes or flooding? If so state the

following:

a.) The dates of such ground disturbances,

b.) The response if any by this Defendant,

c.) The nature of each references ground disturbance,

d.) The identity of the persons responsible for each such ground disturbance.

ANSWER:

18. Is this Defendant aware of any gas leaks to any of its cast iron gas pipelines from January 1,

1990 through December 17, 2013? If so, please state:

a.) The dates of each such leak,

b.) The determination of the cause of such leak made by this Defendant and/or a

Governmental entity, if any,

c.) The location of each such leak.

d.) Please produce a copy of each document that evidences or shows the activity

performed by this Defendant, the reports or inspections made in response to each

such leak.

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ANSWER:

19. Is this Defendant aware of any explosions or ruptures of its cast iron pipelines of any nature,

at any time? If so, please state the following:

a.) The date of such explosion,

b.) The determination of the cause of such explosion made by this Defendant

and/or a governmental entity, if any,

c.) The location of each such explosion

d.) Please produce a copy of each document that evidences or shows the activity

performed by this Defendant, the reports or inspections made in response to each

such explosion or rupture.

ANSWER:

20. Please answer the following questions as to the main gas pipeline that provided gas to the

service line that supplied gas to the apartment building in the 7500 block of 64th Court Way South at

the Marks Village Apartments where Apartment Unit #80 was located:

a.) What was the operating pressure of said main gas pipeline as last know to this

Defendant prior to December 17, 2013;

b.) What was the maximum pressure rating for said main gas pipeline; as last know

to this Defendant prior to December 17, 2013;

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c.) What date was said main gas pipeline installed;

d.) What was the substance from which said main gas pipeline was composed;

e.) Was the said gas pipeline composed of cast iron;

f.) Was the said main gas pipeline pressure tested within the twenty years prior to

December 17, 2013? If so, please state:

i) The date of each pressure test;

ii) The results of each pressure test;

iii) The identity of the persons or entities who conducted each such test;

g.) Was the said main gas pipeline continually monitored for pressure changes or

leaks? If yes, please state:

i) A description of the mechanism or process for conducting said

monitoring;

ii) Identify the persons or entity who conducted said monitoring for the

twelve (12) month period prior to December 17, 2013;

iii) What was the pressure level of the said main gas pipeline on

December 17, 2013 at 1:00 a.m. Central Time?

h.) What was the operating flow rate for the said main gas pipeline in December

2013?

i.) What was the maximum flow rate for the said main gas pipeline in December

2013?

j.) Was the flow rate of the said main gas pipeline continuously monitored for

flow rate changes or leaks? If yes, please state:

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i) A description of the mechanism or process used to determine said

flow rates;

ii) Identify the person or entities who determined and/or recorded the

flow rates of said main gas pipeline for the twelve (12) month period prior

to December 17, 2013;

iii) What was the flow rate of said main gas pipeline on June 1, 2013 at

1:00 a.m. Central Time and on December 17, 2013 at 1:00 p.m. Central

Time?

ANSWER:

21. State the full name, current address, telephone number, qualifications, and present

employment of each person who you expect to call as an expert witness at the trial of this case, the

subject matter on which each such expert is expected to testify, the substance of the facts and

opinions to which each such expert is expected to testify, and a summary of the grounds for each

opinion expected to be expressed by such expert.

ANSWER:

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REQUEST FOR PRODUCTION OF DOCUMENTS

1. All documents that evidence or discuss any repairing, testing, inspection, installation or

replacement of any gas pipelines on the property known as Marks Village Apartments located in

and around Georgia Avenue and Joppa Street in Birmingham, Alabama at any time from 1950 to

the present date.

RESPONSE:

2. Produce copies of all documents that evidence, set forth, describe or outline this Defendant’s

process, program and/or methodology for detecting, testing, repairing and replacing cast iron main

gas pipelines in Jefferson County, Alabama as of December 16, 2013.

RESPONSE:

3. Produce copies of all documents that evidence, set forth, describe or outline the results of

any internal inspection of the subject main gas pipeline at any time prior to December 17, 2013.

RESPONSE:

4. Produce copies of all documents that evidence, set forth, describe or outline this Defendant’s

maintenance, testing or integrity management program that applied to the subject main gas pipeline.

RESPONSE:

5. Produce copies of all documents received from any expert, including reports, emails, text

messages, billing statements, data, photographs, videos, test results, studies and/or regulations.

RESPONSE:

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6. Produce copies of all documents which evidence or show any reports of people smelling gas

in the area of Marks Village Apartments location in-and-around Georgia Avenue and Joppa Street at

anytime from 1990 through the present date.

RESPONSE:

7. Produce copies of all documents regarding procedures for determining the serviceability of

cast iron pipe and/or to identify the cast iron segments that may need replacement after January 1,

1990, including such materials developed by the Gas Piping Technology Committee.

RESPONSE:

8. Produce copies of all documents regarding any testing of the section of cast iron pipe that

ruptured on December 17, 2013 on the premises of Marks Village in Birmingham, Alabama and/or

the gas main pipeline in which such section of cast iron pipe was incorporated.

RESPONSE:

9. Produce copies of all documents that evidence, set forth, describe or outline the

information from which the answers to Interrogatory #20 were derived.

RESPONSE:

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SERVE WITH COMPLAINT

/s Leila H. Watson Leila H. Watson (WAT052) G. Rick DiGiorgio (DIG002) Mitchell G. Allen (ALL045) Attorneys for the Plaintiff OF COUNSEL: Leila H. Watson, Esq. (WAT052) G. Rick DiGiorgio, Esq. (DIG002) Mitchell G. Allen (ALL045) CORY WATSON CROWDER & DeGARIS, P.C. 2131 Magnolia Avenue Birmingham, AL 35205 Phone (205) 328-2200 Fax (205) 324-7896 Email: [email protected] Email: [email protected] Email: [email protected]


BRITTANY T. MABRY as Administratrix of the ESTATE of TYRENNIS LAVAL MABRY, Deceased; DENISE MABRY BARNES and AUTUAN D. MABRY, Plaintiffs, CASE NO.: vs. ALABAMA GAS CORPORATION; HOUSING AUTHORITY of the BIRMINGHAM DISTRICT, et al.,

PLAINTIFF'S REQUEST FOR INSPECTION AND EXAMINATION TO DEFENDANT HOUSING AUTHORITY

OF THE BIRMINGHAM DISTRICT COMES NOW the Plaintiffs, Brittany T. Mabry as Administratrix for the Estate of Tyrennis Laval Mabry, Denise Mabry Barnes and Antuan D. Mabry in the above styled cause and, pursuant to Rule 34 of the Alabama Rules of Civil Procedure, request of the Defendant, HOUSING AUTHORITY of the BIRMINGHAM DISTRICT to allow the Plaintiffs, accompanied by experts and the undersigned attorneys to enter upon the premises located at 7546 64th Court Way South, Birmingham, Alabama, on a date and at a time that is mutually agreeable to the parties for the purposes stated below.

DEFINITIONS AND DIRECTIONS a. The pronoun "you" or the term “this Defendant” refers to the party to whom these discovery requests are addressed, Alabama Gas Corporation, and includes the party’s agents, representatives and unless privileged, their attorneys.

b. “the subject gas pipeline” shall mean the natural gas distribution main gas pipeline and the service line that supplied natural gas to the apartment building in the 7500 block of 64th Court Way South, Birmingham, Alabama, where Apartment Unit 80 of the Marks Village Apartments was located as of December 17, 2013.

c. “the premises” means the building or remains thereof Apartment Units 80 and 79 located in Marks Village Apartments in the 7500 block of 64th Court Way South in Birmingham, Alabama, as well as the surrounding common areas and the property in which any natural gas pipelines are or were buried in Marks Village.




REQUEST FOR INSPECTION

1. To conduct a thorough inspection of the premises, the subject gas pipeline, the explosion site, the ditches opened to expose the subject gas pipeline, the valves that service the subject gas pipeline the meters that service the subject gas pipeline

2. To take measurements, videos, photographs and audio recordings of any other

areas on the premises or of the objects thereon including the subject gas pipeline the explosion site, the ditches opened to expose the subject gas pipeline, the valves that service the subject gas pipeline, the meters that service the subject gas pipeline

.

SERVED WITH COMPLAINT

/s Leila H. Watson Leila H. Watson (WAT052) G. Rick DiGiorgio (DIG002) Mitchell G. Allen (ALL045) Attorneys for the Plaintiff OF COUNSEL: Leila H. Watson, Esq. (WAT052) G. Rick DiGiorgio, Esq. (DIG002) Mitchell G. Allen, Esq. (ALL045) CORY WATSON CROWDER & DeGARIS, P.C. 2131 Magnolia Avenue Birmingham, AL 35205 Phone (205) 328-2200 Fax (205) 324-7896 Email: [email protected] Email: [email protected] Email: [email protected]

NOTICE OF ELECTRONIC FILING - Cory Watson · PDF fileAlaFile E-Notice To: LEILA H. WATSON...

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Transcript of NOTICE OF ELECTRONIC FILING - Cory Watson · PDF fileAlaFile E-Notice To: LEILA H. WATSON...