‘Terry James INTHE 4232 Labyrinth Rd. 223 AMI BO Baltimore, Maryland 21215 CIRCUIT COURT Ege Plaintiff, or CIVIL DIVISION vs. BALTIMORE GAS AND ELECTRIC MARYLAND COMPANY Serve: Corporate Creations Network, Inc. FOR 2 Wisconsin Circle, #700 Chevy Chase, MD 20815 Ax tiMoRnomy and Mayor and City Council of Baltimore Serve: Jim Shea, City Solicitor City Hall 100 N. Holliday Street, Room 101 Baltimore, Maryland 21202 Case No.: 24C21000222 Defendants. ‘AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL COMES NOW the Plaintiff, Terry James, by and through undersigned counsel and sues the defendants Baltimore Gas and Eleciric Company (hereinafter “BGE”) and the Mayor and City Council of Baltimore and states as follows: PARTE 1. Terry James is a person who suffered permanent injuries, August 10, 2020, when his basement apartment, located at 4232 Labyrinth Rd., Baltimore, Maryland 21215, which he rented from private citizens became engulfed with natural gas and subsequently exploded as a result of the named defendants’ negligence and gross negligence. 2. Defendant Baltimore Gas and Electric Company (hereinafter “BGE”) is a private corporation organized and existing under the laws of the State of Maryland. At all relevant times Defendant BGE is the largest natural gas supplier and electric utility service provider inMaryland; who, despite having direct knowledge of a large gas leak, inside the building of 4232 Labyrinth Rd., and a duty to detect and stop said gas leak; disregarded said information and/or had a policy to disregard said information then failed to respond to the residence causing, contributing and serving as a substantial factor to the gas explosion of August 10, 2020 severely and/or permanently injuring Plaintiff, Baltimore Gas and Electric has had a well-documented history of ignoring safety rules and regulations designed to keep persons like plaintiff safe; and, asa result have been fined by the Maryland Public Service Commission. 3. The Mayor and City Council of Baltimore at all relevant times was the local government responsible for issuing use and occupancy licenses, the collection of rental registration applications and fees; as well as the issuance of periodie reporting on rental properties as to homeowners for the purposes of permitting rental use of the subject home as rental dwelling units, The Mayor and City Council of Baltimore wrongfully permitted the homeowner of 4232 Labyrinth Rd. to utilize as a multi-unit rental dwellings without the proper licenses and registrations causing, contributing and serving as a substantial factor to Plaintiff's injuries alleged in this case. Further, the Mayor and City Council of Baltimore, thorough the Baltimore City Department of Housing and Community Development are responsible to enforce all Baltimore City Building Code, as well as state laws pertaining to construction and occupancy and ensuring co-defendant BGE had and maintained an information system to ensure the detection and remedy of natural gas leaks in Baltimore City within a reasonable amount of time to ensure the avoidance of the catastrophic injuries suffered by plaintiff James in this case. JURISDICTION AND VENUE 4, Jurisdiction is proper in Circuit Court as the amount in controversy exceeds $30,000.00 pursuant to §4-402(e)(1) of the Maryland Code Annotated, Courts & JudicialProceedings Article and the Plaintiff demand a jury trial pursuant to §4-401(1) of Maryland Code Annotated, Courts & Judicial Proceedings Article. 5. Venue is proper in the Circuit Court for Baltimore City pursuant to Md. Code Annotated, Courts and Judicial Proceedings, § 6-201(a)-(b), as all Defendants live in, are employed in and/or carry-on regular business in the City of Baltimore, State of Maryland; and, the incident complained of occurred in the City of Baltimore, State of Maryland. PRE-SUIT REQUIREMENTS 6. Plaintiffs have satisfied the prerequisites to suit specified by the Maryland Tort Claims Act, Md, Code Ann,, State Gov't (SC) § 12-106, and the Local Government Tort Claims ‘Act, Md. Code Ann., Cts. & Jud, Proc. (CJ) § 5-304, for each claim in the complaint to which these laws apply. 7. Plaintifi have satisfied the prerequisites to suit specified by the Maryland Tort Claims Act, Md. Code Ann., State Gov't (SC) § 12-106, and the Local Government Tort Claims ‘Act, Md. Code Ann., Cts. & Jud. Proc. (CJ) § 5-304, for each claim in the complaint to which these laws apply. 8. Plaintiff’ sent notice of his claims to the Mayor and City Council of Baltimore, by certified mail, return receipt requested, on October 27, 2020, January 20, 2021 and March 9, 2021. Further, Defendant Mayor and City Council of Baltimore had actual notice of this incident and has been involved in the investigation of same since August 10, 2020. COMMON ALLEGATIONS OF FACT TO ALL COUNTS 9. At all relevant times Robin Johnson and Leroy Johnson, owners of 4232 Labyrinth Road rented said property to multiple tenants, including Terry James beginning in July‘of 2019, without the proper use and occupancy licenses. The Johnson’s registered said property as non-owner occupied. 10. At all times relevant Defendant Baltimore Gas and Electric provided/supplied natural gas and provided gas mains, gas services pipes, gas meters, and electrical equipment to the homes in the 4200 block of Labyrinth Road in Baltimore, Maryland. 11, At all relevant times Defendant BGE owned and maintains “smart meters,” that allow BGE to remotely monitor natural gas readings on its units as well as receive real time notifications of elevated gas levels on customer properties, including the smart meter located in a non-ventilated closet within the basement of 4232 Labyrinth Rd. 12, Atall relevant times Defendant BGE was aware, since its June of 2019 street survey inspection of the gas lines servicing the 4200 block of Labyrinth Road, that its 1960 gas infrastructure was unsafe, needed replacing, promoted gas leaks and indicated BGE was required to monitor even more closely the 4200 block of Labyrinth Rd. for gas leaks no matter the sourve or cause, 13. Atall relevant times, despite a well-documented history of gas leaks to the 4200 Block of Labyrinth Road, which were disclosed to the City of Baltimore prior to the August 10, 2020 gas explosion, BGE only fixed gas leaks it classified as a “class I leak.” 14, Atall relevant times BGE had a non-delegable duty to safely supply natural gas to 4232 Labyrinth Ra., to include implementation of a safety system that permits BGE to remedy any gas leak at 4232 Labyrinth Ra, in a reasonable time frame. 15. Atall relevant times BGE had a non-delegable duty to implement and maintain @ system of inspection as would ensure reasonable promptness in the detection of all gas leaks that might occur from any cause.16. On or about 8/9/2020, the owners of 4232 Labyrinth Rd. employed an HVAC company to perform work on 4232 Labyrinth rd, including the installation of and/or work on a furnace and gas piping as well as an air conditioning unit. 17. During the performance of said work, BGE’s natural gas smart meter recorded real time data of gas usage in the building of 4232 Labyrinth Rd. at zero (0) cubic feet per hour for about 10 hours starting at about 3pm. 18. At about 0100 hours on 8/10/2020 the homeowner of 4232 Labyrinth Rd, returned {o the property to address complaints from his tenants, During this time the homeowner engaged with various pieces of equipment involving the gas meter then reassured his tenants, including Terry James, that everything was fine. 19. Terry James relied on this reassurance and retired t0 his bedroom, which was located in the basement of 4232 Labyrinth Rd. 20, At about 0132 hours on 8/10/2020 BGE"s meter for 4232 Labyrinth Rd. recorded, ‘and transmitted in real time, natural gas readings reflecting a shocking and abnormally high rate of natural gas flowing into the building basement of 4232 Labyrinth Rd.; a rate of 475 cubic feet per hour. This continued for approximately 6 consecutive hours. 21, During this entise time Defendant BGE” received notification of the unusually high levels of natural gas flowing into the building of 4232 Labyrinth Rd yet failed to do anything to detect the source of the shockingly high gas flow; the reason for the shockingly high gas flow; nor did BGE make any effort to stop this gas flow into the building of 4232 Labyrinth Rd or wam any first-responders or the tenants of 4232 Labyrinth Rd. 22, BGE’s notification was confirmation to them that natural gas was leaking into the building of 4232 Labyrinth Rd.23. Atal relevant times 4232 Labyrinth Road was equipped with a working smart meter providing BGE with two-way immediate notifications of the extremely high elevated gas Jovels at least every hour from 0132 hours on 8/10/2020; before the gas explosion at issue in this case. 24, Still BGE opted not to respond to the area promptly and address the gas leak in any fashion. 25, For the 6 consecutive hours natural gas leaked into the basement of 4232 Labyrinth Rd., Terry James was sleeping in his basement apartment while natural gas engulfed his body, his lungs and mind. 26, At approximately 0930 hours Terry James awoke and made his way to the kitchen to prepare breakfast. However, upon depressing the stove knob a catastrophic gas explosion hit him throwing him back into the basement. 27. The explosion leveled 4232 Labyrinth Road, and the surrounding houses. 28. Asa direct result of the gas explosion Terry James was trapped in the three-story house and required extrication by EMS. He required substantial medical attention and immediate surgery. Mr. James suffered and continues to suffer permeant injuries, including, but not limited to 2” degree bums over full head and face including eyelids, circumferential neck, circumferential chest, circumferential arms (both arms), lower back, lower gluteal region, circumferential legs (both); amputation to both left and right lower extremities; severe post- traumatic stress disorder; closed fracture of transverse process of thoracic vertebra; Paralysis of right vocal cord; Dysphonia: Tracheal stenosis; etc. Mr. James suffered lost wages and suffers substantial loss future earning capacity.29, Prior to and including the date of 8/10/2020 the Mayor and City Couneil of Baltimore, through the Baltimore City Department of Housing and Community Development had a duty to ensure 4232 did not continue to serve as a multi-family residential property without the proper use and occupancy licenses. 30. Prior to and including the date of 8/10/2020 the Department of Housing and Community Development had specific knowledge, or should have known that, 4232 Labyrinth RG. was occupied as a multi-family residential rental property due to registration documents filed with the City; collected property registration fees by the City; as well as the City’s possession of rental inspection reports and rental applications submitted as to 4232 Labyrinth Rd. 31, Prior 8/10/2020 the City of Baltimore had a duty to ensure and confirm Baltimore Gas and Electric had and maintained a system of inspection as would insure reasonable prompiness in the detection of all natural gas leaks that might occur from any cause. 32, Baltimore City failed to do so, even after having specific knowledge of the ilapidated and deteriorating gas pipes servicing 4200 block Labyrinth Rd. and having knowledge of the substantial fines to Baltimore Gas and Electric by the Public Service Commission for their safety violations leading to prior gas explosions in and near the City of Baltimore. 33. Mr. James did not cause or contribute to the incident or his injuries suffered; nor did he have an ability to avoid same. COUNT J: GROSS NEGLIGENCE OF BALTIMORE GAS AND ELECTRIC 34, Plaintiffs reallege and aver all paragraphs as if fully restated here.35. At all times relevant, BGE had control over natural gas and gas mains, gas services pipes, gas meters, and electrical equipment to homes in the 4200 block of Labyrinth Road in Baltimore, Maryland, including 4232 Labyrinth Road. 36. Atal times relevant BGE owns and has a duty to maintain all gas piping up to and including the gas meter at 4232 Laby th Rd. 37. Maryland law imposes upon BGE a duty to act with reasonable care in the delivery of natural gas and natural gas services. 38. At all times relevant, BGE had a duty to provide for the safe operation and maintenance of its utilities, including a duty to detect, monitor and respond promptly to all reports and notices of gas leaks, complaints of gas leaks and/or gas odors to homes and neighboring homes it serves. 39. At all times relevant, BGE had a duty, as a supplier of natural gas, to act reasonably to detect natural gas leaks and stop them whether the cause of the leak is on the street side or the purported customer side of their gas meter. 40. At all times relevant BGE had a duty implement and maintain a system of inspection that ensures reasonuble promptness in the detection of all leaks, from any cause, within the circumspection of men of ordinary skill in the business. 41. At all times relevant BGE had a duty to implement and maintain a system of inspection that ensures its ability to remedy a gas leak with reasonable promptness. 42, Atall times relevant BGE had a duty to install the gas meter, if inside the building of 4232 Labyrinth Rd., within a well-ventilated space.43, Failing to provide for safe operation and maintenance of its utilities and appurtenances and failing to respond to and/or monitor complaints or notices of gas leaks and gas odors will Icad to a catastrophic event such as a gas explosion. 44. On or about April 14, 2017 the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule mandating installation of excess flow valves (EPV) on new and replaced service lines to multifamily residential and small commercial natural ‘gas customers, 45. ‘The rule mandated that customers be notified of the option to install EFV on their gas lines. 46. On information and belief, Plaintiff as a resident of 4232 Labyrinth Road, was not properly notified on an EFV option pursuant to 49 CFR § 192. 383(e). 47. On information and belief, and at all times relevant, Defendant BGE breached its duty 10 provide for the safe operation and maintenance of its utilities and safe delivery of natural gas to 4232 Labyrinth Ra., including their duty to monitor and detect natural gas leaks; respond promptly to reports, data notification or complaints of gas leaks and/or gas odors to buildings and neighboring buildings that it services, in the following ways, including those that will become discoverable through the formal discovery process i. Failing to have a system of inspection in place to ensure reasonable promptness in the detection of all leaks that might occur from the deterioration of the material of the pipes, or from any other cause within the circumspection of men of ordinary skill in the business; ii, Failing to maintain a system of inspection to ensure reasonable promptness in the detection of all leaks that might occur from thedeterioration of the material of the pipes, or from any other cause within the circumspeetion of men of ordinary skill in the business; iii, failing to respond promptly to the report of gas leak in the 4200 block of Labyrinth Road pursuant to COMAR 20.55.09.04; iv. failing to properly select, install, maintain, test and inspect their ‘gas meter at 4232 Labyrinth Rd. failing 10 place their gas meter it in a well ventilated arca in compliance with 49 CFR § 192.353; vi failing to install a service-line valve in compliance with 49 CFR § 192,363, on high pressure service lines associated with the subject properties; vii, failing to notify customers in the subject property of their right to request to have EFV’s installed on said properties; viii, failing to promptly respond to gas leaks and/or odor complaints in the 4200 block of Labyrinth Road in Baltimore, Maryland; ix, failing to distribute a sample odor indicator to cach customer at least biennially pursuant to COMAR 20.55.04.01(1) x failing to properly maintain the gas mains, gas services pipes, gas meters Jocated in the 4200 block of Labyrinth Road in Baltimore, Maryland and/or installing EFVs. xi, Failing to detect the source of and stop the natural gas leak at 4232 Labyrinth Rd, upon having statistical data and notice that large quantities of gas was escaping into the building of 4232 Labyrinth Rd. 10xii, After detecting a natural gas leak at 4232 Labyrinth Rd., failing to notify either the residents, first responders or shut off the natural gas flow to 4232 Labyrinth Ra. prior to the natural gas injury to Terry James and subject gas explosion: 48. As a direct result of the gross negligence of defendant BGE, natural gas was permitted to leak into basement of 4232 labyrinth Rd, and poison plaintiff Terry James for over 9 consecutive hours, 49. As a ditect result of the gross negligence of Defendant BGE, natural gas was permitted to leak from 4232 Labyrinth Road and culminated in a catastrophic gas explosion, collapsing the walls around Terry James, trapping him in the three-story house. He required extrication by EMS. 50. Mr, James suffered and continues to suffer permeant injuries, including, but not limited to 2nd degree burns over full head and face including eyelids, circumferential neck, sumferential chest, circumferential arms (both arms), lower back, lower gluteal region, circumferential legs (both); amputation to both left and right lower extremities; severe post- traumatic stress disorder; closed fracture of transverse process of thoracic vertebra; paralysis of right vocal cord; Dysphonia; Tracheal stenosis; ete. 51. As direct and proximate result of the gross negligence of Defendant BGE, Terry James suffered, and continues to suffer, permanent physical and mental injuries; required ‘numerous surgeries; incurred and continues to incur substantial medical expenses for the rest of his life; incurred substantial lost wages and has suffered a loss of future earning capacity. For all of which he is entitled to relief, "1WHEREFORE, Plaintiff ‘Terry James demands judgment for fifty million dollars (850,000,000.00) in compensatory damages and fifly million dollars ($50,000.000.00) in punitive damages from defendant Baltimore Gas and Electric, and such other and further relief to which Plaintiff may be entitled. COUNT Lf: STRICT LIABILITY OF BALTIMORE GAS AND ELECTRIC 52. Plaintiff realleges and aver all paragraphs as if fully restated here. 53. BGE was on specific notice that the gas lines servicing the 4200 block of Labyrinth Road, its 1960 gas infrastructure was unsafe, needed replacing, promoted gas leaks and required monitor even more closely than for gas leaks no matter the source or cause. 54. BGE knew, through their real time data recordings, that their delivery of natural gas to the building of 4232 Labyrinth Rd. on 8/10/2020 at about 6132 hours was at a steady state of flow at 475 cubic feet per hour for at least 6 consecutive hours. 55, Despite this reality and substantial fines to BGE by the Maryland Public Service Commission for its unsafe delivery of natural gas to consumers in and neat Baltimore City; BGE decided to continue to provide natural gas to residents of the 4200 block of Labyrinth Rd. without system in place to detect and remedy a natural gas leak within a reasonable amount of time. 56. BGE’s supplying natural gas to 4232 Labyrinth Rd, with the lack of a gas leak detection system to alert first-responders, residents and/or BGE in a reasonable amount of time, is an abnormally dangerous activity. 57. BGE’s supplying natural gas to 4332 Labyrinth Rd, with the lack of a gas leak system ‘caused serious injury to Terry James through both natural gas poisoning and a subsequent gas explosion on 8/10/2020. 1258. The activity of delivering natural gas to consumers through use of a system designed to or intentionally lacking an ability to detect and stop gas leaks on the consumer side of their property line is inherently dangerous and demonstrates a reckless disregard for the safety of Plaintiff and other residents in the 4200 block of Labyrinth Rd. 59. BGE sells and delivers natural gas to consumers, which is expected to reach the user or consumer without substantial change in the condition in which itis sold, 60. BGE sells and delivers natural gas to consumers without a detection system designed to detect and remedy gas leaks within buildings it supplies in the 4200 block of Labyrinth Rd. causing substantial physical injury to Terry James. 61. Despite possessing actual knowledge of the defects in their delivery system and the actual harm posed in their delivering an exorbitant amount of natural gas to the building of 4232 Labyrinth Rd. from 0132 hours to 0945 hours BGE consciously and deliberately disregarded a foreseeable harm that might result from their defective delivery system. 62, BGE’s delivery of natural gas to the 4200 block of Labyrinth Rd. could be made safe through the implementation of a “Natural Gas Detector,” which is a free device that monitors the air in the area where the gas service pipe enters a home or building and will immediately sound an audible alarm and immediately send the gas company an alert if a potential gas leak is detected. BGE’s is aware of natural gas meters as its parent company, Exelon, has employed these free meters in other neighborhoods for many years prior to 8/10/2020. 63. BGE knew their defective gas delivery would, and did, cause substantial physical injury to ‘Terry James before, during and after the gas explosion it culminated in, 13WHEREFORE, Plaintiff Terry James demands judgment for fifty million dollars (850,000,000.00) in compensatory damages and fifty million dollars ($50,000,000.00) in punitive damages from defendant Baltimore Gas and Electric, and such other and further relief to which Plaintiff may be entitled. COUNT Il : NEGLIGENCE OF MAYOR AND CITY COUNCIL OF BALTIMORE, 64, Plaintiff realleges and aver all paragraphs as if fully restated herein. 65. At all relovant times, the Mayor and City Council of Baltimore through the Baltimore City Department of Housing and Community Development had a ministerial duty to ensure 4232 did not continue to serve as a multi-family residential property without the proper use and occupancy licenses. 66. Prior to and including the date of 8/10/2020 the Department of Housing and Community Development had specific knowledge, or should have known, through registration documents filed with the City; collected property registration fees by the City: as well as the City’s possession of rental inspection reports and rental applications submitted as to 4232 Labyrinth Ré., that 4232 Labyrinth Rd. was occupied as a multi-family residential rental property. 67. Prior to and including on 8/10/2020 the City of Baltimore had a ministerial duty to ensure and confirm Baltimore Gas and Electric had and maintained a system of inspection as would ensure reasonable prompness in the detection of natural gas leaks that might occur from any cause, including natural gas leaks across the consumer property line. 68, The Mayor and City Council of Baltimore breached their duties in the following manners: 1469. 70. 15 a. The Mayor and City Council of Baltimore failed to ensure 4232 did not continue to serve as a multi-family residential property without the proper use and ‘occupancy licenses. b. The Mayor and City Council of Baltimore failed to ensure and/or confirm Baltimore Gas and Electric had and maintained a system of inspection as would ensure reasonable promptness in the detection of all natural gas leaks that might ‘occur from any cause. ©. The Mayor and City Council of Baltimore failed to provide any protections for ‘Terry James, as a resident of 4232 Labyrinth Rd, against Baltimore Gas and Hlecirie’s failure to create and maintain a system of inspection as noted supra. even after having specific knowledge of the dilapidated and deteriorating gas pipes servicing 4200 block Labyrinth Rd. and the substantial fines to Baltimore Gas and Electric by the Public Service Commission for their safety violations leading to prior gas explosions in and near the City of Baltimore As a direct and proximate result of the Mayor and City Council of Baltimore's respective breaches of duty, Terry James was an unwitting tenant of 4232 Labyrinth Rd. to a landlord without the proper use and occupancy licenses for a multi-unit residential dwelling; and therefore, without the proper inspections and safety precautions mandated for a multi-unit residential dwelling and for the benefit of Terry James. Asa direct and proximate result of the Mayor and City Council of Baltimore’s breach of duty owed as to Baltimore Gas and Electric, Terry James was exposed to the unnecessary danger and harm of many consecutive hours of inhaling natural gas due to a gas leak, and all accompanying negative health and mental health results of same; as well as sufferingpermanent and protracted injuries of a gas explosion of 08/10/2020 and subsequent collapse of 4232 Labyrinth Rd along with its adjoining buildings/structures. WHEREFORE, Plaintiff Terry James demands judgment for fifty million dollars ($30,000,000.00) in compensatory damages from defendant Mayor and City Council of Baltimore, and such other and further relief to which Plaintiff may be entitled. Respectfully submitted this the 23" day of March, 2021 xf * ‘Maryland Bar No. 1112130327 Law Office of Latoya A. Francis-Williams P.O. Box 451 Randallstown, Maryland 21133 410-356-4691 (office); 443-548-4588 (fax) tivlaw! @isinal.cg A. Dwight Pettit 7 Maryland Bar No. 7306010091 Law Office of A. Dwight Pettit, PA. 3606 Liberty Heights Avenue Baltimore, Maryland 21215 410-542-5400 (office); 410-664-7520 (fax) adpettit@adwightpettit.com ‘Attorneys for Plaintiff James 16Terry James IN THE 4232 Labyrinth Rd. Baltimore, Maryland 21215 CIRCUIT COURT ) ; CIVIL Divis Plaintiff, oF S1OK vs. ) BALTIMORE GAS AND ELECTRIC MARYLAND COMPANY Serve: Corporate Creations Network, Inc. 2 Wisconsin Circle, #700 Chevy Chase, MD 20815 FOR BALTIMORE CITY and Mayor and City Council of Baltimore Serve: Jim Shea, City Solicitor City Hall 100 N. Holliday Street, Room 101 Baltimore, Maryland 21202 Case No.: 2421000222 Defendants. AMENDED COMPLAINT DEMAND FOR JURY TRIAL Plaintiff, Terry James, by and through his attorneys hereby demand a jury trial in the above-captioned matter. Respectfully submitted, 7 . - f Zsoya Francis-Williams ‘Maryland Bar No. 1112130327 Law Office of Latoya A. Francis-Williams P.O. Box 451 Randallstown, Maryland 21133 410-356-4691 (office); 443-548-4588 (fax) {Gwlaw @email.com Aitorneys for Plaintiff James 17“AL it PEt 7 Maryland Bar No. 7306010091 Law Office of A. Dwight Pettit, PA, 3606 Liberty Heights Avenue Baltimore, Maryland 21215 410-542-5400 (office); 410-664-7520 (Fax) adpettit@adwightpettit.com Attorneys for Plaintiff James 18