Settlements reached in downtown Durham explosion lawsuits
Nearly four years after a deadly explosion in downtown Durham, lawsuits filed by the injured and deceased victims and their families have been settled.
WRAL Investigates learned from court records that the cases resolved in April.
Court filings indicate there were 27 lawsuits stemming from the April 10, 2019, gas explosion on North Duke Street that killed two people and injured more than two dozen others. The plaintiffs sought compensation from several telecommunications companies, contractors and the Public Service Company of North Carolina, Inc.
A court filing explains the cases were resolved "as part of a confidential global settlement with numerous other claims arising out of the explosion, with the settlement funds being paid from a pool of money paid by the Defendants' insurance carriers into an account, the division of which to be administered by a Special Master."
Gary Jackson, a partner at Durham-based law firm James Scott Farrin, explained settlements in North Carolina are typically confidential. Jackson was not involved with any of the explosion cases. He spoke with WRAL Investigates as an expert in civil litigation.
"The reason they are confidential is defendants, not plaintiffs, defendants insist on it," he said. "The reason they do is because they don’t want the public to know what they’re resolving cases for, the monetary amounts because they think – probably rightly so – it may encourage further litigation."
As the cases moved through the court process, legal filings indicate they were consolidated in the interest of fairness and efficiency.
The filings reveal new information and identities of the injured explosion victims, including a GoDurham bus driver who "suffered numerous injuries, including but not limited to, hearing loss/tinnitus; headaches; balance problems...", a construction manager who was treated for a traumatic brain injury and "first degree burns to ninety-five percent of his face", and a woman "carrying lab supplies on foot" who suffered hearing loss.
Jackson said he could not estimate how much each plaintiff received in the settlements.
"The goal should be, in cases like this, to get closure and realize that whether it’s death or serious injury, you’re never going to be made whole,” Jackson said. “But you, your family, needs to be treated as fairly as possible with what’s available."
WRAL Investigates reached out to multiple plaintiffs and every plaintiff's attorney seeking interviews. Those who responded declined to comment.
The law firm Edwards Kirby served as the lead attorneys for the injured and killed victims.
In an email, partner Bill Bystrynski wrote: "Unfortunately, while we would like to help, we cannot comment at all on the issue of settlement, and neither can our clients."
