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Fourth Lawsuit Filed in Sandman Hotel Explosion as Critically Injured Worker Seeks $177 Million
At least four lawsuits have been filed related to an explosion at the Sandman Hotel’s basement-level Musume restaurant on January 8 in Downtown Fort Worth, Texas. The explosion blew out a part of the building and injured a total of 21 people.
The most recent lawsuit was filed on behalf of restaurant worker Karen Mayte Lopez Ontiveros. Lopez Ontiveros was critically injured in the blast and is seeking at least $177 million in damages. Lopez Ontiveros suffered some of the most severe injuries of the victims, including kidney lacerations, broken ribs, punctured lungs, a shattered arm, and severe burns.
Lopez Ontiveros is being represented by the Kelley Law Firm. In a statement announcing the lawsuit, her legal team shared that "at this moment, a hardworking, family-oriented woman lies in the Parkland Hospital in excruciating pain facing an uphill battle for a normal return to her everyday life."
The lawsuit names the hotel and restaurant owners: Sandman Hotel Group, Northland Properties, Musume restaurant, Rock Libations, and SBBC Hospitium. The gas company, Atmos Energy, is also named in the complaint.
Hours before the explosion, restaurant workers including Lopez Ontiveros shared with management that they smelled “ "strong wafts of 'rotten eggs'" and burning sensations in their eyes. Despite reporting their concerns, the workers were not given proper direction on what to do and were not told to evacuate the building.
The complaint describes another worker saying that he saw a direct blue flame erupt before he yelled at everyone to run out. Moments later, the restaurant exploded, throwing Lopez Ontiveros and others across the restaurant.
Lopez Ontiveros’ lawsuit argues that the defendants were negligent in their ownership and operation of the building, and their negligence “caused the first floor to collapse” on Lopez Ontiveros and other victims. Among the legal claims against the defendants are general and specific negligence, gross negligence, and vicarious liability.
Proving negligence requires establishing that a defendant had a duty of care to an individual (such as the hotel employee and its guest), that the defendant failed in their duty of care, and as a result, victims sustained injuries. Gross negligence involves a more serious form of negligent conduct. The lawsuit details that when the workers reported the gaseous odor, the hotel restaurant’s management acted with gross negligence in failing to take appropriate action.
Lead attorney Kevin Kelly shared in a public statement, "Mrs. Lopez Ontiveros did what any honorable person would do in showing up on time, working hard, and doing all that she could to be good to her employer and the people they serve. To be rewarded with companies who lacked the care of giving her notice that her life could be in danger is unacceptable and they will pay for their actions to ensure this doesn’t happen to any other person in her situation.”
As the investigation continues, Northland Properties Co, the developer of the hotel, shared in a statement that the fire department is continuing to look for the cause of the explosion. Fire department officials have shared that it could take up to months for the cause of the blast to be determined.
The gas company, Atmos Energy, has also shared that there has been no evidence that its gas management, operations, or equipment were responsible for the alleged gas leak. Lopez Ontiveros’ legal team disputes this, given what workers experienced hours before the blast.
Lopez Ontiveros has since had five skin grafts and undergone nine surgeries. Her lawsuit is seeking damages for physical impairment, medical expenses, physical pain, lost wages, punitive damages, and mental anguish.
This fourth lawsuit follows similar claims made by other defendants in separate lawsuits. The first lawsuit was filed by a man who says he suffered injuries while running away from the blast. Jose Mira, an employee of the hotel, has also filed a separate lawsuit as well.
Houston-based firm Zehl & Associates is representing eight employees who were injured and at least two spouses of the employees. The lawsuits all name the hotel’s owners and operators along with the gas company as defendants.
Attorney Ryan Zehl shared of his plaintiffs, "They're scared about their future. They're scared about what happened." He adds, “A lot of them have concussion syndrome. So, some form of mild traumatic brain injury. And that's just from being thrown right, hitting their heads. They don't remember exactly what happened from the time of the explosion to the time that they were transported away from the hotel. They have neck pain. They have tingling in their arms and their legs."
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