The first civil lawsuit was brought Tuesday against El PasoNatural Gas for the deadly explosion in southeastern New Mexico,accusing the pipeline of negligence in failing to “properlyinspect, maintain and operate” its system.

Jennifer Smith, a Carlsbad, NM, resident, filed the wrongfuldeath lawsuit in U.S. District Court in Albuquerque on behalf ofher husband, Bobby Earl Smith, who died two days after the Aug. 19blast in a Lubbock, TX, hospital.

Others who died as a result of the explosion on El Paso’s SouthMainline were Bobby Smith’s two adult children, a son-in-law, fivegrandchildren and his daughter-in-law’s parents. The sole survivoris his daughter-in-law, Amanda Smith, 25. She remains in criticalcondition at the University Medical Center in Lubbock.

The 11 victims were “picnicking, fishing and recreating in alawful manner in an area adjacent to the El Paso pipeline” when oneof three lines that make up El Paso’s South Mainline ruptured,causing the explosion and fireball, the lawsuit said.

The lawsuit seeks undetermined damages for “personal injury andwrongful death,” and punitive damages from “El Paso, their agents,employees and representatives” for their “willful, wanton andcareless conduct and utter disregard and utter indifference in thismatter,” and to “deter and punish the defendant in the future.”

The National Transportation Safety Board, which is investigatingthe accident, last week said it found corrosion on the inside ofthe pipe that had eaten away parts of the El Paso line.

Although the lawsuit names El Paso as the sole defendant now, itcould be expanded in the future. “I think as the investigationproceeds and further acts of negligence are uncovered, thatcertainly could open the door for additional defendants to benamed, and those defendants might be corporate defendants,” said asource close to the lawsuit.

Specifically, the lawsuit accuses El Paso of failing to”properly comply with state and federal rules, regulations,opinions and orders while operating an interstate gas transmissionline” at or near Carlsbad, which is located about 30 miles from theexplosion site.

Moreover, it said El Paso “was negligent in failing to properlyinspect, maintain and operate their interstate gas transmissionline at all times.” The transmission of natural gas “is anultra-hazardous activity and undertaking,” the lawsuit noted,adding that El Paso’s failure to provide “the highest degree ofcare and…..safety” to persons in the vicinity of its system makesit “strictly liable” to Bobby Smith and the others who died or wereinjured as a result of the explosion.

The lawsuit is being handled by two law firms: The Branch LawFirm in Albuquerque, NM, and Baker, Brown & Dixon in Arlington,TX.

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