After more than a month of testimony — and earlier developments — it’s becoming clearer which parties shoulder the most responsibility for the JJ’s restaurant explosion in February 2013.
A Jackson County jury today began deliberating in a civil suit in which restaurant owners Jimmy and David Frantze initially sued four companies for damages of $9.3 million, including the cost of the building, lost income and more than $1 million for wine that was stored in the basement.
When the trial began, as far as I can tell, there were four defendants: Time Warner Cable, which commissioned the installation of fiber-optic cables to serve the Plaza West buildings at 46th and Madison; Missouri Gas Energy; Heartland Midwest, which did the drilling that ruptured a gas line; and USIC Locating Services, which marked the location of underground utility lines.
To back up a bit…It’s been clear from Day One that Missouri Gas Energy employees dropped the ball by failing to cut the gas off to buildings in the area and failing to evacuate people from the restaurant. The Fire Department also screwed up mightily, first by failing to order people out and then by deferring to MGE and leaving the scene before the explosion…KCFD leaving the scene was one of the more galling aspects of this tragedy because it was ultimately responsible for public safety that day.
In March, MGE settled a complaint alleging that it failed to respond adequately, and it agreed to change some of its procedures and increase training. The Fire Department also changed its procedures; it is now supposed to arrive with gas monitoring equipment and remain on the scene until the risk is over.
Megan Cramer
And last summer, the family of 46-year-old waitress Megan Cramer, the only person who died in the explosion, quietly settled a wrongful-death suit against five defendants — the four named above, plus Southern Union Co., which either was or is MGE’s parent company.
Back to the trial at hand…As I said, four defendants were involved when the trial began in July. Along the way, as The Star’s stories indicate, the judge dismissed MGE and Heartland Midwest, leaving Time Warner and USIC Locating Services.
If the jury decides those two companies bear some responsibility, I presume the jury will decide how to apportion the damages. I don’t really understand how Time Warner can bear significant responsibility because all it did was commission the job and trust that it would be done right.
Much of the blame for the piercing of the gas line could fall, then, on USIC Locating. It provided the topical “map” that Heartland employees followed when they put their drills or backhoes in the ground.
At the outset of the trial, Steve Emerson, the Frantzes’ attorney, said an employee of USIC had “botched” the job and shouldn’t have been assigned in the first place because he had received several reprimands for poor performance in his evaluations. I don’t know if testimony supported that contention, but it would be interesting to know.
In addition, I don’t know if the jury has been made aware of the fact that Missouri Public Service Commission concluded a year after the incident that incorrect markings led the Heartland Crew to put its drill at the same depth as the gas line.
I am anxious to see what the jury comes back with. I don’t want to put too much blame on the employee who incorrectly marked the site because this tragedy is awash in blame. It’s good to know, however, that various lawsuits and investigations have — and still are — focusing responsibility.
And, finally, let’s not forget that this exhaustive effort to assign responsibility is much less about the value of lost wine, lost income and a blown-up building than it is about the death of a fine woman who should still be alive today.
A tragedy on many levels, and one this city should never forget. I’m sure the new JJ’s is lovely, but the charm and history of the original is missed.
One of the surprising things that came out during the trial — I don’t know if you saw it, Gayle — was that Jimmy Frantze was diagnosed with liver cancer a couple of years ago and recently got a liver transplant. Kind of surprising that he would push ahead with a reopening of JJ’s while battling cancer. He must have a lot of perseverance.
I did see that, and think the same thing. Right now, tho, my head is spinning about the on-air shooting that took place this morning. My God, what are we coming to? Is no one safe?
Damned negativity. Good job, Fitz. You can take the journalist out of the paper…
Thanks, John. As you know, there are now plenty of good journalists in the KC area not working at a paper, radio or TV station. To their credit, the vast majority have reinvented themselves and most are using their reporting and writing skills in some manner.
Gayle — Head spinning is exactly right. The New York Times said the gunman’s filming and subsequent posting of the shooting “marked a horrific turn in the national intersection of video violence and social media.” The president of the station said the gunman, a former station employee, was prone to angry outbursts at the slightest of provocations…The loss of those two journalists leaves me feeling empty.
The incident has already, and will no doubt continue to be, dissected every way from Sunday, but the simple fact of the matter is, there is no sense to it.
Jimmy F is looking better and rallying after the transplant. He has even said so during my last visit to JJ two weeks ago,
That’s good to know.
Based on what you said here, is today’s verdict surprising?
Wow! Can you tell I’m surprised??? Time Warner 98 percent responsible; the restaurant owners and operators, two percent…
I wish the reporter, Brian Burnes, would have given the readers more indication — before the verdict — of what legal guidance the jurors received about assigning responsibility.
The key paragraph in today’s story is this: “In Missouri, a video service provider is obligated to make sure its contractors follow all laws and safety practices.”
Steve Emerson, the Frantzes’ attorney, must have hammered that point home along the way, especially in his closing argument, but Burnes didn’t emphasize that. At the same time, I should have done some research before jumping out there with an uninformed opinion! This taught me a lesson in editorializing. Mea culpa!
(Thanks for following up, Gayle; you’re on the ball as usual.)
Don’t beat yourself up too much. I think it’s very surprising and I’m not sure all together fair. Sounds like it puts a lot of undue responsibility on a company that has nothing to do with gas power. That’s my maybe simplistic take.
And by the way, why are the restaurant owners and operators culpable at all??
As I’ve been thinking about it, it does make sense that the top utility in this particular chain bear a lot of responsibility for the quality of its subcontractors. Otherwise, utilities could just go out and hire the cheapest subs they could find and wash their hands of responsibility when things go wrong. It’s a high bar for the primary contractor, in this case time Warner, but it will certainly make them more careful in the future — vetting the subs, checking references, etc. Time Warner tried desperately to shift the blame to MGE, but didn’t get by with it. I would really like to have heard the judge’s instructions to the jury.
And the restaurant?
Never mind. I just read the article on-line.