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CIVIL DIVISION
Plaintiffs,
v.
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WGL HOLDINGS, INC.
101 Constitution Ave. NW
Washington, DC 20001;
and
JOHN DOES,
Manufacturers of residential gas delivery
equipment to Flower Branch Apartments,
Address Unknown at this Time,
Defendants.
COMPLAINT
Introduction
through the 362-unit Flower Branch Apartments complex, creating a gas-fed inferno that nearly
2. In the course of the nightmare, Plaintiffs suffered serious physical and mental
traumas as they used any means necessary to get themselves and their families to safety.
3. Seven residents of the Flower Branch Apartments lost their lives to the fire.
Plaintiff Augusto Jimenez, Jr. lost both of his parents that night as Maria Auxiliadorai Castellon-
Martinez and Augusto Cesar Jimenez, Sr. were unable to escape the burning building.
4. Compounding the tragedy of this horrific event is the fact that it was entirely
preventable. Less than three weeks before the explosion and fire, residents had reported the smell
of natural gas, but the Defendants – Washington Gas Light Company, which supplied natural gas
to the complex, and Kay Management Company, which managed the complex – failed to take
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any action to address the complaints. They did not repair the gas leak, did not make an
appropriate inspection that would have identified a leak, and did not warn or evacuate residents.
Defendants also failed to perform routine inspections that would have uncovered the potential for
5. The effects of these failures reach far beyond the residents of Flower Branch
safety and maintenance decisions here, operates hundreds of miles of natural gas pipeline here,
and is the sole distributor of natural gas to D.C. residents and businesses. Kay Management
markets and rents its apartments extensively to D.C. residents. The District of Columbia
therefore has compelling interests – specifically, its interests in protecting the life, safety, and
property of its 675,000 citizens – that justify both the exercise of jurisdiction over the Defendants
in the District, and the application of the District’s law to this legal dispute.
6. Plaintiffs bring this action in this Court seeking just compensation from those
responsible for the incalculable suffering and losses that they have endured.
The Parties
7. Plaintiff Augusto Jimenez, Jr. is the son and personal representative of the estates
of his parents, Maria Auxiliadorai Castellon-Martinez and Augusto Cesar Jimenez, Sr. both of
whom were killed in the August 10, 2016 explosion. Mr. Jimenez is a resident of Silver Spring,
MD and was duly appointed as personal representative of his parents’ estates by the Montgomery
8. All other named plaintiffs suffered physical and emotional injuries as a result of
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9. The Plaintiffs named in paragraphs 7 and 8 are herein after collectively referenced
as “Plaintiffs.”
10. Defendant Washington Gas Light Company is incorporated in, and has its
11. Defendant WGL Holdings, Inc. (“WGL”), is incorporated in, and has its principal
place of business in, Washington, D.C. It is a publicly traded company (NYSE: WGL) formed in
12. WGL Holdings, Inc. and Washington Gas are collectively referred to herein as
“Washington Gas.”
14. John Does are the manufacturers of the various parts that comprise the residential
gas service that serviced Building 8701 in the Flower Branch Apartments.
15. The Court has subject matter jurisdiction under D.C. Code § 11-921(a).
16. The Court has personal jurisdiction over Washington Gas and WGL because
Washington Gas is domiciled in, organized under the laws of, and maintains its principal place of
business in Washington, D.C. In addition, Washington Gas keeps its records and performs
significant corporate functions in the District — including the planning and implementation of
safety, inspection, and maintenance programs — and many of the acts and omission complained
of herein occurred within the geographic boundaries of the District of Columbia. D.C. Code
Ann. § 13-422.
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17. The Court has personal jurisdiction over Kay Management because it transacts
business in the District of Columbia by, among other means that will be revealed through
discovery: (a) systematically and continuously advertising their properties to District residents;
(b) renting their properties to former District residents; (c) by conducting regular business with
Washington Gas and (d) by requiring every resident at the Flower Branch Apartments to enter
into a contract with Washington Gas in order to have cooking gas and hot water. Because of this
conduct, it is reasonable for Kay Management to anticipate that it would find itself in court in the
19. Venue is proper here in because a substantial part of the events or omissions
giving rise to Plaintiffs’ claims occurred in the District, and a substantial part of the wrongful
Washington, D.C.
21. A central liability issue in this case arises from Washington Gas’s decisions and
failures to act, many of which took place at Washington Gas headquarters and its operations
22. The District and its citizens have an interest in regulating and holding accountable
businesses located in the District that engage in wrongful conduct alleged here.
23. The District is convenient for all parties to this litigation, and both Washington
Gas and Kay Management have bona fide connections to this forum.
24. Additionally, all physical evidence related to the cause of the explosion is no
longer located at the Flower Branch Apartments, but is instead in the possession of Washington
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Gas and various federal agencies, including the Bureau of Alcohol, Tobacco, and Firearms, and
the National Transportation Safety Board, both of which have assumed jurisdiction over and
Factual Allegations
25. Late in the evening on August 10, 2016, a resident of Building 8701 at the Flower
Branch Apartments was taking his trash out. As he passed by the gas meter room on the first
floor of his building, he heard a strange hissing noise and could smell natural gas. Before he
could return to his apartment to call for help, an explosion described as a “sonic boom” rocked
26. The fire, caused by the explosion and fed by leaking natural gas, spread with such
force and speed that the residents, most of whom had been asleep, had just seconds to escape.
They were forced to use any possible means of getting out as the stairs and floors and walls
collapsed around them. With the hallways full of smoke and flames, many had to jump off their
27. Other residents, including those with children too small to jump, shouted
desperately from their upper floor windows, pleading for help. Some were forced to drop their
28. Despite the residents’ efforts to save their families and one another, seven
residents died in the fire, including Plaintiff Augusto Jimenez, Jr.’s parents, Maria Auxiliadorai
29. Scores more, including the other Plaintiffs, suffered physical injuries including
serious burns, lacerations, broken and dislocated bones, concussions, and smoke inhalation.
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30. Many of the Plaintiffs, including the children, suffer on-going mental injuries
from the traumatic events of August 10 — waking to the sound of the explosion, escaping from
the burning buildings by any means that they could, and fearing for the safety of their parents
and children.
31. Those with physical and mental injuries also endured other losses. Due to fire,
smoke, and water damage, residents lost their homes, family photos, life savings, identification
documents, furniture, and the contents of every room, closet, cabinet and shelf. Some were left
with nothing but what they grabbed when they fled their apartments.
32. Those residents who were eventually able to return home had no gas service, and
could not cook or run hot water. Many were displaced for several days, and were unable to get to
work. The heavy smell of smoke and gas remains, and the remnants of the collapsed and burned
out buildings still stand just feet from their doors as a daily reminder of that horrific evening and
33. Before the tragic explosion on August 10, residents of the Flower Branch
Apartments had informed Kay Management on many occasions that they could smell natural gas.
34. On July 25, 2016, a resident of Building 8701 called 911 reporting a gas smell.
35. Despite this report and others, neither Kay Management nor Washington Gas
36. Washington Gas is the sole distributor of natural gas to Washington D.C.
residents through its residential gas service. Washington Gas serves over 1.1 million customers
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38. The underground pipe, service lines, and equipment that distribute natural gas to
Building 8701 of the Flower Branch Apartments were installed by Washington Gas and should
39. The Flower Branch Apartments, including Building 8701, are owned, managed
40. Kay Management should have monitored, inspected, serviced, and maintained the
41. John Does manufactured and sold to Washington Gas the underground pipes,
service lines, and equipment that distribute natural gas to Building 8701 of the Flower Branch
Apartments.
42. Despite the 911 call from the resident of Building 8701 and numerous complaints
of natural gas odors by other residents, the Defendants did not properly inspect or remedy the
COUNT ONE
(Negligence - Washington Gas)
(As to all Plaintiffs)
43. Washington Gas owed a duty to Plaintiffs to exercise due care in the installation,
monitoring, inspection, servicing, and maintenance of the underground pipe, service lines, and
other equipment that distributes natural gas to Building 8701 of the Flower Branch Apartments.
44. Washington Gas had a duty to exercise the degree of care commensurate with the
45. Washington Gas had notice of the natural gas leak prior to the explosion and had
a duty to take immediate and proper corrective action to inspect, service, and repair the gas leak.
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46. Washington Gas breached its duties to Plaintiffs by failing to use due care when
installing, monitoring, inspecting, servicing, and maintaining the underground pipe, service lines,
and other equipment that distributes natural gas to Building 8701 of the Flower Branch
Apartments. Further, Washington Gas breached their duty to Plaintiffs by failing to take
corrective action to properly inspect, monitor, service, and repair the gas leak.
47. Washington Gas’s failure to exercise the degree of caution commensurate with
the danger in providing gas services was the proximate cause of Plaintiffs’ injuries.
consequence of the gas leak at Building 8701 of the Flower Branch Apartments.
49. Plaintiffs demand judgement against Defendant Washington Gas for all
COUNT TWO
(Wrongful Death Act - Washington Gas)
(As to Erick Jimenez and Augusto Jimenez, Jr.)
50. Washington Gas owed a duty to safely install, monitor, inspect, service, repair and
maintain the underground pipe, service lines, and other equipment that distributes natural gas to
51. Washington Gas had notice of the natural gas leak prior to the explosion and had
a duty to take immediate and proper corrective action to inspect, service, monitor and repair the
gas leak.
52. Washington Gas breached its duty by not safely installing, monitoring, inspecting,
servicing, and maintaining the underground pipe, service lines, and other equipment which
distributes natural gas to Building 8701 of the Flower Branch Apartments. Further, Washington
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Gas breached its duty to Plaintiffs by not taking corrective action to properly inspect, service,
53. The gas leak at Building 8701 of the Flower Branch Apartments led to the
explosion that caused the wrongful deaths of Maria Auxiliadorai Castellon-Martinez and
54. Washington Gas’s breach of its duties was the proximate cause of the wrongful
deaths of Maria Auxiliadorai Castellon-Martinez and Augusto Cesar Jimenez, Sr. and therefore
the proximate cause of the injuries suffered by Augusto Jimenez, Jr. and Erick Jimenez.
55. Plaintiffs Augusto Jimenez, Jr., and Erick Jimenez demand judgement against
Defendant Washington Gas for all compensatory and punitive damages available at law or in
equity.
COUNT THREE
(Survival Action – Washington Gas)
(As to Augusto Jimenez, Jr., as personal representative of the estates of Maria Auxiliadorai
Castellon-Martinez and Augusto Cesar Jimenez, Sr.)
56. Plaintiff Augusto Jimenez, Jr., as the personal representative of the estates of his
parents Maria Auxiliadorai Castellon-Martinez and Augusto Cesar Jimenez, Sr., brings claims
that could have been asserted by his parents had they survived. Md. Code Ann., Cts. & Jud. Proc.
§ 6-401.
57. These claims include all Counts against Washington Gas and the paragraphs
related to those Counts are incorporated as though fully set forth herein.
58. Plaintiff Augusto Jimenez, Jr., as the personal representative of the estates of his
parents Maria Auxiliadorai Castellon-Martinez and Augusto Cesar Jimenez, Sr., demands
judgement against Defendant Washington Gas for all compensatory and punitive damages.
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COUNT FOUR
(Product Liability – Washington Gas)
(As to all Plaintiffs)
59. Washington Gas delivered gas to the Flower Branch Apartments through their
system of transmission, distribution, and service lines. Washington Gas is also responsible for
the gas meters and related equipment at the Flower Branch Apartments. All of the products
within this system used to deliver natural gas to the Flower Branch Apartments are products
60. A defect in one or more of the products within the natural gas delivery system
61. Washington Gas had actual knowledge of the product defects but consciously and
deliberately disregarded the foreseeable harm that might result from the defects.
62. The actual knowledge of Washington Gas includes, but is not limited to: (a) its
belief that it was probable that there was a problem, accompanied by a purposeful failure to
make a reasonable inquiry; and (b) its willful refusal to know of the defects.
63. The defects within the gas delivery system were the proximate cause of Plaintiffs’
injuries.
COUNT FIVE
(Negligent Failure to Inspect and Maintain - Kay Management)
(As to all Plaintiffs)
65. Kay Management owed a duty to Plaintiffs to maintain the Flower Branch
Apartments, including, the gas meter room of Building 8701, in a reasonably safe condition
failed to do so.
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66. Kay Management knew or should have known that the failure to maintain the
Flower Branch Apartments, including the gas meter room of Building 8701, would create an
67. The natural gas leak in the meter room that caused the explosion was the result of
68. The natural gas leak in the meter room that caused the explosion was the result of
an unreasonably unsafe condition of which Kay Management had notice. By failing to properly
inspect, maintain, repair, or notify Washington Gas of the known unsafe condition, Kay
regarding the smell of gas in and around the Flower Branch Apartments reflect a reckless
71. Plaintiffs demand judgement against Defendant Kay Management for all
COUNT SIX
(Negligent Failure to Act - Kay Management)
(As to all Plaintiffs)
72. Kay Management knew or should have known that its failure to take corrective
action after repeatedly being made aware of natural gas odors would create an unreasonable risk
of harm to Plaintiffs.
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73. The natural gas leak in the meter room which caused the explosion was the result
appropriate corrective action after being made aware of natural gas odors.
74. The natural gas leak in the meter room that caused the explosion was the result of
an unreasonably unsafe condition of which Kay Management had notice. By failing to properly
inspect, maintain, repair, or notify Washington Gas of the known unsafe condition, Kay
75. Kay Management’s actions or omissions in the face of repeated complaints of the
smell of gas in and around the Flower Branch Apartments reflect a reckless indifference for
Plaintiffs’ safety.
77. Plaintiffs demand judgement against Defendant Kay Management for all
COUNT SEVEN
(Wrongful Death - Kay Management)
(As to Augusto Jimenez, Jr. and Erick Jimenez)
78. Kay Management had a duty to maintain the Flower Branch Apartments,
including, the gas meter room of Building 8701, in a reasonably safe condition but failed to do
so.
79. Kay Management knew or should have known that the failure to maintain the
Flower Branch Apartments in a reasonably safe condition, including, the meter room of Building
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80. The natural gas leak in the meter room that caused the explosion was the result of
81. Kay Management knew or should have known that the failure to take corrective
action after repeatedly being made aware of natural gas odors would constitute an unreasonable
82. The natural gas leak in the meter room that caused the explosion was the result of
an unreasonably unsafe condition of which Kay Management had notice. By failing to properly
inspect, maintain, repair, or notify Washington Gas of the known unsafe condition, Kay
83. The gas leak at Building 8701 of the Flower Branch Apartments led to the
explosion that caused the deaths of Maria Auxiliadorai Castellon-Martinez and Augusto Cesar
Jimenez, Sr.
84. Kay Management’s actions or omissions in the face of repeated complaints of the
smell of gas in and around the Flower Branch Apartments reflect a reckless indifference for
Plaintiffs’ safety.
85. Kay Management’s breach of their duty was the proximate cause of the wrongful
deaths of Maria Auxiliadorai Castellon-Martinez and Augusto Cesar Jimenez, Sr. and therefore
the proximate cause of the injuries suffered by Augusto Jimenez, Jr. and Erick Jimenez.
86. Plaintiffs Augusto Jimenez, Jr. and Erick Jimenez demand judgement against
Defendant Kay Management for all compensatory and punitive damages available at law or in
equity.
COUNT EIGHT
(Survival Action – Kay Management)
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(As to Augusto Jimenez, Jr., as personal representative of the estates of Maria Auxiliadorai
Castellon-Martinez and Augusto Cesar Jimenez, Sr.)
87. Plaintiff Augusto Jimenez, Jr., as the personal representative of the estates of his
parents Maria Auxiliadorai Castellon-Martinez and Augusto Cesar Jimenez, Sr., brings claims
that could have been asserted by his parents had they survived. Md. Code Ann., Cts. & Jud. Proc.
§ 6-401.
88. These claims include all Counts against Kay Management, and the paragraphs
related to those Counts are incorporated as though fully set forth herein.
89. Plaintiff Augusto Jimenez, Jr., as the personal representative of the estates of his
parents Maria Auxiliadorai Castellon-Martinez and Augusto Cesar Jimenez, Sr., demands
judgement against Defendant Kay Management for all compensatory and punitive damages
COUNT NINE
(Intentional Infliction of Emotional Distress – Washington Gas and Kay Management)
(As to all Plaintiffs)
reckless; (b) extreme and outrageous; (c) caused emotional distress to Plaintiffs; and (d) the
91. Plaintiffs were within the zone of physical danger caused by Defendants’
negligence and (a) feared for their own physical safety or (b)witnessed injury to a family
member.
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93. Plaintiffs demand judgement against Defendants for all compensatory and
COUNT TEN
(Product Liability – John Does)
(As to all Plaintiffs)
94. John Does are manufacturers of the various parts that comprise the Washington
Gas system of transmission, distribution, and service lines for residential gas service to the
95. A defect in one or more of the products within the natural gas delivery system
96. John Does possessed actual knowledge of the product defects and consciously and
deliberately disregarded the foreseeable harm that might result from the defects.
97. The actual knowledge of John Does includes, but is not limited to, their willful
refusal to know of the defects, their belief that it was probable that there was a defect
98. Plaintiffs demand judgment against the John Doe Defendants for compensatory
Relief Sought
damages, including, physical pain and mental anguish suffered in the past and future, the
disfigurement and humiliation or embarrassment associated with such disfigurement, the medical
and other expenses incurred in the past and future, the lost earnings in the past and reduction in
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earning capacity in the future, pre-impact fright, loss of enjoyment of life, being rendered homeless
and/or displaced, injuries to personal property, loss of use of personal property, loss of the benefit
of leasehold interests, lost wages, additional expenses, nuisance, interference with enjoyment of
100. For the wrongful deaths of Maria Auxiliadorai Castellon-Martinez and Augusto
Cesar Jimenez, Sr., Plaintiffs Augusto Jimenez, Jr., and Erick Jimenez seek the following relief:
emotional pain and suffering, loss of society, companionship, comfort, protection, care, attention,
advice, counsel, and guidance and financial benefits, future pecuniary benefits and punitive
damages;
101. For the survival claim, Plaintiff Augusto Jimenez, Jr., as personal representative
of the estates of Maria Auxiliadorai Castellon-Martinez and Augusto Cesar Jimenez, Sr., seeks
a. Conscious pain and suffering, pre-impact fear or fright, future lost earnings,
injury to and loss of property, burial and funeral expenses and punitive damages, available at law
or in equity.
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c. Pre-judgment and post-judgment interest; and
Jury Demand
________________________
Brian A. Glasser (DC 1024003)
Cary Joshi (DC 1028594)
Bailey Glasser LLP
1054 31st Street NW, Suite 230
Washington, DC 20007
T: (202) 463-2101
F: (202) 463-2103
bglasser@baileyglasser.com
cjoshi@baileyglasser.com
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Counsel for Plaintiffs and the Putative Class
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