Defendants added in house explosion lawsuit

An amended lawsuit petition contends Factory Direct Appliance employee James Ellis acted negligently in January 2012 when he left after smelling gas in 81-year-old Lucinia Tollivers west Topeka home, which then exploded, ultimately leading to her death.

Ellis breached his duty of reasonable care by leaving Tolliver in a situation he knew, or should have known, was dangerous, says the petition filed on behalf of Tollivers estate and her daughter, Erin Gayle Thurston.

Olathe attorney Thomas Ruzicka filed the petition Nov. 7 adding Ellis and Overland Park-based Factory Direct Appliance as defendants in a suit he filed May 8 against Kansas Gas Service and Glen Niehues, doing business as Wetmore-based N-Line Lawn Service.

The suit alleges negligence that helped bring about Tollivers death, which came four days after an explosion destroyed her home at 1905 S.W. Navajo Lane on Jan. 30, 2012.

Tolliver was a retired composing room employee of The Topeka Capital-Journal.

Ruzicka also filed suit against KGS and N-Line on May 14 on behalf of Tollivers next-door neighbor, Lois Jones, who was injured by the blast as she was in her home at 1909 S.W. Navajo Lane.

The petition in Jones suit contends N-Line negligently broke a KGS pipeline while digging to install lawn sprinkler systems for residential use, and KGS breached its duty to protect the public from explosions resulting from its operation of underground facilities.

The revised petition in the suit filed on behalf of Thurston and Tollivers estate contends that Ellis, an employee of Factory Direct Appliance, arrived about 11:03 a.m. on the day of the blast at Tollivers home, then left about 11:10 a.m. after he noticed a distinct gas odor in the basement.

That petition says the fatal explosion occurred at 11:38 a.m. while Tolliver was in her home, causing her serious, painful and permanent injuries and horrific conscious pain and suffering as well as damages of a physical, mental and emotional nature, for which she underwent extensive medical care and treatment, at great cost and expense.

Topeka attorney Larry Pepperdine, representing Ellis and Factory Direct Appliance, responded in an answer to the amended petition filed Dec. 16 that Ellis arrived about 10:05 a.m. on the day of the blast at Tollivers home to work on her electric range clock, which he repaired with reasonable care.

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Defendants added in house explosion lawsuit