SAN ANTONIO – A man seriously injured in a May 31 house explosion filed a lawsuit against the City of San Antonio and CPS Energy two days after the blast.
According to the lawsuit obtained by KSAT on Wednesday, the plaintiff, identified as Fabian Xavier Garcia-Wells, is seeking $1 million in damages, a jury trial and a temporary restraining order against both entities.
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Garcia-Wells was in the home late Saturday night in the 7900 block of Laurel Bend, near Loop 1604 and Bowens Crossing.
While the San Antonio Fire Department has yet to identify Garcia-Wells as the man in the home, SAFD Battalion Chief Christopher Valdez told KSAT on Tuesday that a man who rented the home lit a cigarette in the living room when the house exploded and burst into flames.
Valdez said the man suffered “45% to 50% burns on his upper torso” before he was rushed to a local hospital with serious injuries.
The May 31 incident on Laurel Bend is the second known house explosion within the same Northwest Side neighborhood. In December 2018, KSAT covered another house explosion in the 9600 block of South Bend.
In the South Bend explosion, two children suffered minor injuries.
An SAFD spokesperson told KSAT on Wednesday that arson investigators are still determining the cause of the May 31 explosion.
What’s in the lawsuit
The suit, which was filed on June 2, alleges that the explosion was the “result of a natural gas leak.”
Garcia-Wells’ lawyers also claim the city and CPS Energy’s negligence to “hire, equip and train competent and skilled workers, employees, contractors and subcontractors” to work in and around the home contributed to the explosion and his injuries.
The plaintiff’s request for a jury trial comes months after CPS Energy was ordered to pay a nine-figure sum resulting from a 2021 house explosion.
According to previous KSAT reporting, SAFD firefighters considered the home, located near the intersection of South Walters Street and Martin Luther King Drive, a total loss after a ruptured gas line caused the explosion at approximately 11 p.m. on May 1, 2021.
Four months ago, a Bexar County jury ruled that the utility was negligent in that explosion that injured Virginia Rymers and her son, Robert. Jurors decided that CPS Energy would pay the Rymers $109 million in damages.
Lawyers are also seeking to file a temporary restraining order from the City of San Antonio and CPS Energy.
Their hope, according to court records, is that the restraining order will prevent the city, the utility, “their agents, representatives, employees, insurers, contractors, subcontractors, investigators” or anyone working on their behalf to prevent the home from being potentially altered or demolished.
CPS Energy’s response
The utility released a statement regarding the May 31 house explosion to KSAT on Tuesday.
“We are currently investigating this incident. The safety of our customers and our employees is a top priority for CPS Energy,” the utility said, in part. “If any customer thinks they smell gas in their homes, they should leave the house immediately and call CPS Energy at 210-353-HELP (4357) or, for emergencies, call 911. Customers in the immediate vicinity of this incident were evacuated for their safety, and CPS Energy is providing housing for them until they can safely return home.”
CPS Energy also said it will not comment further due to the Garcia-Wells lawsuit.
More related coverage mentioned in this story on KSAT: