By Carrie Antlfinger
The Associated Press Writer
MILWAUKEE — The families of three factory employees killed in a warehouse explosion filed a wrongful death lawsuit Wednesday, saying a contractor improperly installed a propane pipeline and should have ordered an evacuation sooner.
The propane blast at Falk Corp. shook downtown Dec. 6, killing the three men and injuring 46 people.
The lawsuit names J.M. Brennan, the mechanical engineering firm helping Falk employees test a backup propane fuel system; Brennan’s insurance company, not identified in the suit; and Falk’s workers’ compensation carrier.
“When you lose a loved one to negligence or someone’s fault ... the grief is even worse,” said Robert Habush, lead attorney for the three families. “There’s anger associated with the grief and then a sense of this unfairness.”
The lawsuit, which says the deaths caused the families pain, suffering and loss of companionship, seeks unspecified damages.
It claims that Brennan improperly replaced the pipeline in 1988; should have tested it before running propane through it; should have checked the pressure while doing so; and discouraged a quicker evacuation.
Brennan spokesman Jeffrey Remsik said his company followed installation guidelines and acted reasonably in encouraging people to evacuate. He admitted workers didn’t test the pipe but said that would have been Falk’s responsibility.
“We are proud of the actions of our employees in responding to the incident,” Remsik said. “We are confident that the results of the official investigation will show that the work of J.M. Brennan was reasonable and did not cause the explosion.”
Falk spokesman Evan Zeppos did not immediately return a call Wednesday.
About 40 minutes into the test, Falk workers noticed the smell of gas, stopped the test and evacuated employees, according to a state report. The explosion happened about 10 minutes later.
The blast killed Daniel T. Kuster, 35, Curtis J. Lane, 38, and Thomas M. Letendre, 49, and injured 46 others. The suit was filed by Kuster’s mother and the wives of Lane and Letendre.
The Milwaukee County prosecutor and the federal Occupational Safety and Health Administration are investigating.
The suit claims that once the leak was detected, Falk employees asked whether they should evacuate and that Brennan indicated an evacuation was not necessary.
Habush said that rocks punctured the wrap around the underground pipeline and that the way Brennan installed it did not protect it from damage.
The company followed proper installation procedures, Remsik said. The freeze-and-thaw cycle likely contributed to the damage, he said.
Falk did not appear to be negligent and is not named in the suit, Habush said.