Marina
In a tragic continuation of events stemming from the April 9, 2024 gas explosion in Lexington, Missouri, a second lawsuit has now been filed—this time by neighbors whose home was severely damaged.
The explosion claimed the life of 5-year-old Donovan Cunningham, severely injured his father Jacob Cunningham and sister Camille Lamb, and shook the surrounding community.
The new lawsuit, filed by Shane and Alicia Billings, alleges gross negligence by multiple utility and construction companies involved in the incident.
Companies Named in the Lawsuit
The Billings, whose home was less than 50 feet from the explosion site, are demanding a jury trial to determine damages. Their lawsuit names the following entities:
| Company | Role/Allegation |
|---|---|
| Liberty Utilities | Failed to evacuate or stop gas leak in time |
| United Fiber | Contractor accused of unsafe trenching |
| Sellenriek Construction | Improper drilling, lack of gas line identification |
| Alfra Communication | Failed to properly locate/mark gas lines during excavation |
Allegations: What the Lawsuit Claims
The suit alleges multiple failures by these companies contributed to or directly caused the explosion.
1. Liberty Utilities (Empire District Gas Company)
- Did not order an evacuation despite a known gas leak for over three hours
- Told residents it was safe to stay, including the Billings family
- Failed to shut off gas supply or reduce the flow until after the explosion
- Did not mark the gas main that was eventually ruptured
According to the NTSB preliminary report, Liberty Utilities failed to use rupture mitigation valves and waited until 8:10 p.m. to shut off gas—almost 30 minutes after the blast.
2. Construction and Communication Contractors
- Failed to confirm exact location of gas main before trenching
- Bored directly into the high-pressure gas line, causing the rupture
- Ignored public complaints about the smell of gas prior to the explosion
- Did not maintain required clearance distances from other utilities
- Used unqualified workers and neglected to follow safe drilling procedures
Liberty Allegedly Ignored State Safety Regulations
Missouri state law requires that rupture mitigation valves be activated within 30 minutes of a leak detection.
Liberty, according to the lawsuit and supported by NTSB findings, waited over three hours, leading to what the suit describes as an “uncontainable risk to public safety.”
The Larger Picture: How Negligence Led to Disaster
This lawsuit echoes similar accusations made in the first lawsuit filed by Jacob Cunningham, the boy’s father. It paints a disturbing timeline of oversight and delayed action that allowed a preventable tragedy to unfold in a residential neighborhood.
| Key Failure | Impact |
|---|---|
| No evacuation order issued | Families exposed to life-threatening gas leak |
| Gas line unmarked and unidentified | Contractors drilled directly into high-pressure pipeline |
| Failure to shut down gas flow on time | Explosion occurred before gas was turned off |
| Lack of safety inspections and training | Workers proceeded blindly near volatile infrastructure |
The second lawsuit in the Lexington gas explosion case brings more attention to the alleged failures of companies responsible for maintaining and handling gas infrastructure near homes.
As the community continues to mourn the loss of 5-year-old Donovan Cunningham, these legal actions seek accountability and justice for what could have been an avoidable tragedy.
As investigations continue and legal proceedings unfold, this case serves as a critical reminder of the importance of safety, responsibility, and prompt action when handling volatile utilities in populated areas.