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HEMPHILL COUNTY (WBAP/KLIF News ) – The first lawsuit in connection to the deadly Smokehouse Creek Fire in the panhandle has been filed.
Melanie Mcquiddy of Hemphill County filed the lawsuit on Friday. She’s suing the Southwestern Public Service Company after her home near Canadian burned down, alleging the over 1 million acre fire was caused by human error.
Her lawsuit claims the fire started February 26 when the company’s utility pole, which she said was not properly inspected or maintained, snapped and caused a spark that spiraled out of control.
Southwestern is a subsidiary of Xcel Energy, based out of Minnesota, and Osmose Utilities, based out of Georgia. The lawsuit alleges that Osmose Utility company inspects the poles for SPS.
In a filing with the U.S. Securities and Exchange Commission last week, XCel Energy disclosed that a law firm requested that a “fallen SPS utility pole that is situated in the vicinity of the fire’s potential area of origin be preserved.”
McQuiddy is being represented by Mikal Watts, who also represented plaintiffs in lawsuits connected to wildfires in California and Maui. She’s suing for recovery of damages to to real property.
Xcel issued a statement that read in part: “Our thoughts are with the families and communities impacted by the wildfires in the Texas panhandle.” The company added that it will continue to work with first responders and officials to provide power the community.
In a statement released Monday, Osmose CEO Mike Adams said in part: “Osmose takes these allegations extremely seriously. We immediately launched in-depth investigation, and we are committed to fully cooperating with any other local investigations in to the cause of the fire. We stand by the quality and accuracy of our utility pole inspections.”
The Texas A & M Forest Service is investigating the fire and has not yet determined a cause.
The fire killed two people as well as thousands of livestock and destroyed more than 500 structures. It’s the largest wildfire in Texas history.
According to the Texas A & M Forest Service it’s about 15% contained.
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