Jury awards JJ's $5.9 million, TWC 98% responsible

[Mr. Laz]

Jury awards JJ's $5.9 million in damages, finds Time Warner Cable 98 percent responsible
JJ's responsible for remaining 2 percent

41 Action News Staff , Jessica McMaster
2:21 PM, Aug 27, 2015
52 mins ago

JACKSON COUNTY, Mo. - A Jackson County jury has found Time Warner Cable 98 percent responsible in a civil case involving damages at JJ's restaurant after an explosion in 2013.

The jury was deciding if Time Warner and line marking company USIC were liable, but found the line company was not at fault.

The jury determined that JJ's was responsible for the remaining 2 percent.

The restaurant will be awarded $5.9 million in damages from Time Warner Cable.

JJ's was seeking $9 million for the loss of the building and $1 million for the loss of the restaurant's wine collection.

Time Warner Cable Spokesperson Mike Hogan released the statement below following the court decision:

"We know no court decision can undo this tragedy. We'll take some time to review the court's decision before deciding our next step in this case."

Testimony in this lawsuit began in late July.

Click here for our coverage of the trial.

Two years ago, an explosion destroyed the restaurant, injured 14 people and killed server Megan Cramer.

This case could set precedent nationally as the installation of fiber optic cables becomes more widespread.

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Copyright 2015 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

[ChiliConCarnage]

Originally Posted by WhawhaWhat

From the KC star - "The jury apparently wanted to send a message that JJ’s should “have more training for employees and a better evacuation plan,” Emerson said. “That’s been accomplished.”"

Interesting. Thanks

[kepp]

Originally Posted by WhawhaWhat

From the KC star - "The jury apparently wanted to send a message that JJ’s should “have more training for employees and a better evacuation plan,” Emerson said. “That’s been accomplished.”"

But why only 56% of the damages they were seeking? Seems odd.

[Fish]

Originally Posted by kepp

But why only 56% of the damages they were seeking? Seems odd.

Because TWC can afford lots of lawyers.

[Donger]

Nothing about MGE? I thought that the prick they sent out basically called everyone complaining about the smell of "gas" a bunch of pussies and didn't follow procedure regarding the leak?

[Amnorix]

Originally Posted by kepp

But why only 56% of the damages they were seeking? Seems odd.

Probably because they asked for more damages than the jury thought they should get. Not at all unusual.

[Kman34]

Originally Posted by Donger

Nothing about MGE? I thought that the prick they sent out basically called everyone complaining about the smell of "gas" a bunch of pussies and didn't follow procedure regarding the leak?

I don't think that's what happened...MGE Techs and Employees I have encountered always acted professional and all gas leaks and odors taken seriously. The problem though was no valves nearby to shut down the leaking line in a timely matter. This valve situation is a wide spread problem in MGEs system... Not enough valves so they have to shut down large areas or dig up the line and install a "line stop" which takes time..

[Donger]

Originally Posted by Kman34

I don't think that's what happened...MGE Techs and Employees I have encountered always acted professional and all gas leaks and odors taken seriously. The problem though was no valves nearby to shut down the leaking line in a timely matter. This valve situation is a wide spread problem in MGEs system... Not enough valves so they have to shut down large areas or dig up the line and install a "line stop" which takes time..

http://www.kshb.com/news/local-news/...aurant-in-2013

MGE

In the minutes leading up to the explosion of JJ's restaurant, the owner of a nearby office building complained to MGE’s first responder at the scene that people were passing out because the natural gas fumes were so thick inside his buildings. Yet, records between MGE dispatch and that employee show he dismissed this claim calling him a “cockpricker” in a conversation with dispatch.

Yet, according to pleadings filed by Time Warner Cable, there’s no indication the responder, Michael Palier, went into the building to check out those claims.

In fact, according to newly obtained court documents, many of the people who came in contact with Palier that day found him dismissive and “lackadaisical.” In his transcribed conversations with MGE dispatchers, Palier also voiced irritation with JJ's employees who he said were “freaking out” over the heavy smell of gas in their restaurant.

(Palier was critically injured during the explosion.)

In addition, those recordings between MGE dispatchers and crews responding at the scene seem to also indicate the dispatchers were worried about media finding out about the leak and crews were preoccupied with photographing the scene rather than preventing damage to property and people.

The first Missouri Gas Energy responder, Palier, arrived on the scene for 49 minutes before the explosion. Yet MGE personnel never reached out for help from fire or police to keep people away from the site of the gas leak. In fact, five witnesses testified that Michael Palier told firefighters to leave even though he testified he never had a conversation with firefighters.

The crews also reportedly failed to contact Kansas City Power and Light to ask them to assist them in eliminating possible ignition sources by turning out the electricity to nearby buildings.

Meanwhile, transcripts show Palier continued to complain to dispatch, “ I got some idiot (the owner of the office building next door) says he’s got people passing out in his building on the third floor” and seemed annoyed that JJ's employees were frantic about the situation developing inside the restaurant.

However, Time Warner’s filings allege he never went inside the restaurant to inspect the situation nor did he direct anyone to do so. He also reportedly had two meters designed to detect gas in his car, however he never went inside to measure the amount of gas in the restaurant.

When another MGE crew arrived at the scene, they parked cars and put out cones without a sense of urgency, according to witnesses in the documents. When a representative finally went inside JJ’s, his meter registered a 2 percent natural gas in the building. Per MGE’s emergency policy, they are supposed to evacuate the building at that point.

Just as that reading came up on the meter, the battery inside the device died. The inspector grabbed his spare meter and came back into the restaurant. At this point, the meter is reported to have read 4 percent.

This is the point where JJ’s employees report that MGE workers told them casually they should “shut this down.”

(We reached out to MGE and a spokeswoman said they are limited in what they can say about legal issues, but confirmed they are not a party to Monday’s trial.)

[Bob Dole]

Cockpricker!!

[WhawhaWhat]

Originally Posted by Donger

Nothing about MGE? I thought that the prick they sent out basically called everyone complaining about the smell of "gas" a bunch of pussies and didn't follow procedure regarding the leak?

It's in the KC Star story..

Two other defendants, Missouri Gas Energy and Heartland Midwest, the drilling contractor that ruptured the underground gas line, were dismissed from the case well before the five-week trial started in July. Such dismissals usually indicate settlements have been reached, but no parties have confirmed that.

[suzzer99]

Yeah MGE probably settled ultra-hush hush. No way they want that going to trial.

What was the story on the woman who died? Was she just late evacuating?

[Kman34]

Originally Posted by Donger

http://www.kshb.com/news/local-news/...aurant-in-2013

MGE

In the minutes leading up to the explosion of JJ's restaurant, the owner of a nearby office building complained to MGE’s first responder at the scene that people were passing out because the natural gas fumes were so thick inside his buildings. Yet, records between MGE dispatch and that employee show he dismissed this claim calling him a “cockpricker” in a conversation with dispatch.

Yet, according to pleadings filed by Time Warner Cable, there’s no indication the responder, Michael Palier, went into the building to check out those claims.

In fact, according to newly obtained court documents, many of the people who came in contact with Palier that day found him dismissive and “lackadaisical.” In his transcribed conversations with MGE dispatchers, Palier also voiced irritation with JJ's employees who he said were “freaking out” over the heavy smell of gas in their restaurant.

(Palier was critically injured during the explosion.)

In addition, those recordings between MGE dispatchers and crews responding at the scene seem to also indicate the dispatchers were worried about media finding out about the leak and crews were preoccupied with photographing the scene rather than preventing damage to property and people.

The first Missouri Gas Energy responder, Palier, arrived on the scene for 49 minutes before the explosion. Yet MGE personnel never reached out for help from fire or police to keep people away from the site of the gas leak. In fact, five witnesses testified that Michael Palier told firefighters to leave even though he testified he never had a conversation with firefighters.

The crews also reportedly failed to contact Kansas City Power and Light to ask them to assist them in eliminating possible ignition sources by turning out the electricity to nearby buildings.

Meanwhile, transcripts show Palier continued to complain to dispatch, “ I got some idiot (the owner of the office building next door) says he’s got people passing out in his building on the third floor” and seemed annoyed that JJ's employees were frantic about the situation developing inside the restaurant.

However, Time Warner’s filings allege he never went inside the restaurant to inspect the situation nor did he direct anyone to do so. He also reportedly had two meters designed to detect gas in his car, however he never went inside to measure the amount of gas in the restaurant.

When another MGE crew arrived at the scene, they parked cars and put out cones without a sense of urgency, according to witnesses in the documents. When a representative finally went inside JJ’s, his meter registered a 2 percent natural gas in the building. Per MGE’s emergency policy, they are supposed to evacuate the building at that point.

Just as that reading came up on the meter, the battery inside the device died. The inspector grabbed his spare meter and came back into the restaurant. At this point, the meter is reported to have read 4 percent.

This is the point where JJ’s employees report that MGE workers told them casually they should “shut this down.”

(We reached out to MGE and a spokeswoman said they are limited in what they can say about legal issues, but confirmed they are not a party to Monday’s trial.)

Holy Shit...I believe the story but I deal with MGE all the time and haven't found anyone this unprofessional. Very sad...

[suzzer99]

Well that's TWC's take on the situation - who is very motivated to put the blame elsewhere. So it's going to be as slanted as they can make it.

[JohnnyHammersticks]

Originally Posted by Donger

http://www.kshb.com/news/local-news/...aurant-in-2013

MGE

....In fact, according to newly obtained court documents, many of the people who came in contact with Palier that day found him dismissive and “lackadaisical.” In his transcribed conversations with MGE dispatchers, Palier also voiced irritation with JJ's employees who he said were “freaking out” over the heavy smell of gas in their restaurant.

(Palier was critically injured during the explosion.).....

Hopefully, he got his cockpricker blown off.