Families in Silver Spring Apartment Explosion File Lawsuits

SILVER SPRING, MD — Arguing that answers would have been given immediately if an explosion and fire had killed people in a wealthy Montgomery County neighborhood, attorneys for the advocacy group CASA announced Wednesday that they filed two lawsuits against the gas company and apartment managers on behalf of the victims of the Flower Branch Apartments disaster.

The agency, along with the law firm Bailey & Glasser, LLP, are seeking an unspecified amount of money from Washington Gas and Kay Management. On Aug. 10, a natural gas leak caused the devastating explosion and fire at the Silver Spring apartment complex that killed seven residents, two of whom were children.

Investigators are still working to unravel what caused the disaster, but say the explosion was caused by a gas leak in the meter room of the building. Leaking gas built up in the room until the explosion was sparked. Federal investigators will look at the gas transmission equipment for possible defects.

“We have been waiting long enough and the victims are entitled to justice,” CASA’s Executive Director Gustavo Torres, said in a news release, reports Montgomery Community Media. “We bring this lawsuit to force the responsible parties to finally give us straight answers to our questions. Through the courts, we will discover what really happened that tragic night and fight to get just compensation for the families of the victims," Torres said.

The news release says Washington Gas failed to ensure the security of residents by not: repairing the gas leak, properly investigating and identifying the gas leak, warning residents, and/or calling for an evacuation. The suit also claims that Washington Gas failed to perform routine inspections that would have uncovered the potential dangers and saved the lives and property of residents.

“We have been working since August with the survivors of the Flower Branch explosion and fire to get answers about the cause of the explosion that devastated this community,” said John Barrettm, an attorney with Bailey & Glasser. “We’ve asked for investigation information from half-dozen government agencies. We’ve asked for information from Washington Gas and Kay Management. They’ve delayed and danced around our demands long enough. The victims and families are tired of waiting and we have been as patient as good conscience permits. The lawsuits we filed today give us the tools to get answers,” Barrettm said.

Torres told WTOP that if the explosion had happened in a wealthy neighborhood, “I guarantee you that we [would] have an answer immediately.”

Kay management company said in a statement Wednesday afternoon in rebuttal to the lawsuit claims that company representatives met twice with displaced residents of the two apartment buildings in the days immediately after the fire to help relocate families. Another meeting is being negotiated between the two groups.

The management company said it returned tenants' security deposits, refunded August rent payments with an additional $1,800 check, and gave the displaced families $200 debit cards, and new furniture and housewares, including televisions, furniture and linens. The company said it also provided relocation to other Kay-managed apartments with three months of free rent and a $2,000 credit for future rent payments.

"We reiterate how deeply saddened the entire Kay Management team is from the effects of the natural gas explosion that occurred at Flower Branch Apartments on Aug. 10, 2016," the company added in its statement.

Authorities had to use DNA to identify the victims found in the burned-out apartment building. They are:

• Deibi “David” Samir Lainez Morales, 8
• Fernando Josue Hernandez Orellana, 3
• Augusto Jimenez Sr., 62
• Maria Auxiliadorai Castellon-Martinez, 53
• Saul Paniagua, 65
• Aseged Mekonen, 34
• Saeda Ibrahim, 40

SEE ALSO:

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• Maryland Apartment Explosion: 2 Dead, 32 Injured, Others Missing [UPDATED]
• Maryland Apartment Explosion: 3rd Body Found, 5 Missing Identified, How to Help

Officials from the National Transportation Safety Board are leading the investigation into the cause of the explosion and fire at the apartments. An NTSB agent said it could take months to review all the evidence and determine exactly what went wrong. A total of 28 apartment units were destroyed, and 50 families were displaced by the disaster. Dozens of residents were injured at the scene, some from burns and others from broken bones as they jumped from the third and fourth floors of the buildings.

Residents had raised the issue of the lingering smell of natural gas in the area, which the fire department and an ATF official said they are investigating. The company that runs the apartment complex, Kay Apartment Communities, sent a photo of a meter room at the Flower Branch Apartments to Montgomery Community Media. It shows a meter bank inside a building similar to the rooms damaged or destroyed in the natural gas explosion with green tag shown in the photo reportedly noting a recent inspection of the pipes and meters by Washington Gas, according to Kay officials.

Montgomery County Executive Ike Leggett said that a natural gas odor was reported on July 25. Firefighters responded to that complaint, could not verify the smell and left the scene. Federal investigators urged any residents who had noted gas leaks to contact the NTSB.

»Flower Branch fire photos courtesy of Montgomery County Fire and Rescue Services; photo of victims from Montgomery County Police