STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

Case Type: Wrongful Death

Brittany Bergstrom and JoAnn Fricano, as co- Case No.

trustees for the heirs and next of kin of Judge
Ruth Denise Berg, deceased,

Plaintiffs,
COMPLAINT
vs.

CenterPoint Energy Inc., a foreign corporation

doing business in Minnesota; CenterPoint
Energy Resources Corp., a foreign corporation
doing business in Minnesota; CenterPoint
Energy Services, Inc., a foreign corporation
doing business in Minnesota; and Master
Mechanical Inc., a Minnesota corporation,

Defendants.

Plaintiffs, for their Complaint against the above-named Defendants (collectively,

Defendants or CenterPoint), state and allege as follows:

1. This is an action for money damages arising out of the tragic death of Ruth Berg in a

natural gas explosion occurring on August 2, 2017 at Minnehaha Academy in Minneapolis,

Hennepin County, Minnesota.

PARTIES

2. Plaintiffs Brittany Bergstrom and JoAnn Fricano, the surviving daughter and mother of

Ruth Berg, respectively, were lawfully appointed as co-trustees, by an Order from Hennepin

County District Court on September 6, 2017, for the purpose of maintaining this wrongful death

action on behalf of the heirs and next-of-kin of decedent Ruth Berg.

3. Defendant Master Mechanical Inc. (hereinafter Master Mechanical) is a privately held

Minnesota mechanical contracting corporation with principal executive offices located at 1027

Gemini Road in the City of Eagan, County of Dakota, State of Minnesota.

4. Defendant CenterPoint Energy Inc. (hereinafter CE) is a Texas corporation and public

utility holding company with principal executive offices located at 1111 Louisiana Street,

Houston, Texas. Defendant CE is authorized to do business in the State of Minnesota, where it

operates by and through its direct and indirect subsidiaries including Defendants CenterPoint

Energy Resources Corp. and CenterPoint Energy Services, Inc.

5. Defendant CenterPoint Energy Resources Corp. (hereinafter CERC) is an operating

subsidiary of Defendant CenterPoint Energy Inc. Defendant CERC is authorized to do business

in the State of Minnesota, where it operates as a supplier of natural gas and also offers related

energy-management services for commercial, industrial, and wholesale customers by and

through its operating subsidiaries, including Defendant CenterPoint Energy Services, Inc.

CERC is incorporated in the State of Delaware with principal executive offices located at 1111

Louisiana Street, Houston, Texas.

6. Defendant CenterPoint Energy Services, Inc. (hereinafter CES) is a subsidiary of

Defendant CERC and is an indirect wholly-owned subsidiary of Defendant CenterPoint Energy,

Inc. Defendant CES is authorized to do business in the State of Minnesota, where it operates as

a supplier of natural gas and also offers related energy-management services for commercial,

industrial, and wholesale customers. CES is incorporated in the State of Delaware with principal

executive offices located at 1111 Louisiana Street, Houston, Texas.

7. Defendants CenterPoint Energy Inc., CenterPoint Energy Resources Corp. and

CenterPoint Energy Services, Inc. (hereinafter collectively referred to as CenterPoint) operate

a natural gas distribution system throughout the State of Minnesota, where CenterPoint is the

largest natural gas distribution utility.

8. At all material times herein, CenterPoint distributed, supplied, operated, sold and

performed services relating to natural gas, gas piping and gas meters at Minnehaha Academy,

located at 3100 W. River Parkway, City of Minneapolis, County of Hennepin, State of

Minnesota.

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 JURISDICTION AND VENUE

9. Jurisdiction and venue lie in Hennepin County District Court because Defendants were

authorized to do business in the State of Minnesota and all damages and events giving rise to

Plaintiffs claim occurred in Hennepin County, Minnesota.

10. The damages sought herein by Plaintiffs are within the jurisdictional limits of this Court.

11. Plaintiffs demand a jury trial as to all issues of fact herein.

FACTS

12. On August 2, 2017 at approximately 10:22 a.m., a building located on the North

Campus of the Minnehaha Academy campus was destroyed by a natural gas explosion. Two

people were killed and many more were injured. One of the dead was Plaintiffs decedent, Ruth

Berg.

13. At the time of the explosion, employees of Defendant Master Mechanical, acting within

the course and scope of their employment, were in the process of removing a gas meter from

the inside of one of the Minnehaha Academy buildings and re-piping and relocating it to the

outside of the building.

14. The work being performed at Minnehaha Academy by Master Mechanical was part of

Defendant CenterPoints plan to move gas meters outside for easier access.

15. The work being performed at Minnehaha Academy involved the gas service line, gas

meters and regulators, as well as other apparatus used in the delivery of gas to Minnehaha

Academy.

16. The design, method and manner of installation of the gas service line was solely

determined by, and subject to the exclusive control of, Defendant CenterPoint and its agents.

17. The gas service line in question was constructed and installed only by Defendant

CenterPoint and its agents.

18. The gas service line in question was maintained only by Defendant CenterPoint and its

agents.

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19. The installation and maintenance of the gas service line in question was required to

satisfy all of the safety requirements imposed by statutes and regulations as well as the safety

rules and regulations enacted by the Defendants and each of them.

20. In addition to the gas service lines, Defendants, and each of them, had sole and

exclusive control and discretion regarding the detachment, removal, repair and replacement of

gas meters, regulators, and other apparatus used in the delivery of gas to Minnehaha Academy.

21. Defendants, and each of them, also had the right and obligation to specify the type, kind,

and size of any gas meters used in the delivery of gas to Minnehaha Academy.

22. Defendants, and each of them, also had the right and obligation to specify and approve

the location of all gas meters prior to their installation.

23. The installation and maintenance of the gas meters, regulators and any other apparatus

used in the delivery of gas to Minnehaha Academy was required to satisfy all safety

requirements imposed by statutes and regulations, as well as the safety rules and regulations

enacted by Defendants and each of them.

24. Upon information and belief, CenterPoint recruited, hired, trained, supervised, inspected,

directed, controlled and had the right to control mechanical contractors and their employees,

including Master Mechanical, while performing the meter relocation project of which the work at

Minnehaha Academy was a part.

25. On August 2, 2017, Master Mechanical personnel who were working at Minnehaha

Academy were employees and agents of CenterPoint and were acting within the course and

scope of their employment. As a result, CenterPoint is vicariously liable for the acts (or failures

to act) of said employees and agents.

26. Alternatively, at the time and place of the aforesaid explosion, Master Mechanical, by

and through its employees and Defendant CenterPoint, by and through its employees acting

within the course and scope of their employment, were engaged in a joint enterprise, as each of

the Defendants and their employees had a mutual understanding of the common purpose of

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relocating gas meters and each had a voice in the direction and control of the means to carry

out the project.

27. Alternatively, at the time and place of the aforesaid explosion, Master Mechanical, by

and through its employees and CenterPoint, by and through its employees acting within the

course and scope of their employment, were engaged in a joint venture insofar as both

Defendants combined their money, property, time or skill in performing the meter relocation

work; each of the Defendants owned property and equipment used in performing the meter

relocation work and each had the mutual right of control over the property and equipment used

in performing the meter relocation work; and both Defendants had an agreement to share some

of the profits resulting from the joint venture.

28. According to the National Transportation Safety Board (NTSB)s Preliminary Report

regarding the August 2, 2017 explosion, At the time of the explosion, two workers were

installing new piping to support the relocation of gas meters from the basement of the building to

the outside. Two new meters mounted on a wall were ready for the new piping to be connected.

While workers were removing the existing piping, a full-flow natural gas line at pressure was

opened.

29. The meter relocation project being performed at the time of the explosion was a

hazardous and abnormally dangerous operation that required, among other things, considerable

planning and oversight to conduct the operation safely.

30. Employees performing meter relocation work must be well-trained and equipped, highly

experienced, and well-supervised. They must employ and follow company and industry

standards and accepted safety precautions including but not limited to devising and following an

effective safety plan, identifying, closing and purging valves and gas lines, cordoning off and

evacuating people from areas in which escaping gas may explode, have plans and procedures

in place to warn people of impending explosions and otherwise take all reasonable and

appropriate precautions to prevent people from being harmed or killed by escaping gas.

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 THE EXPLOSION OF AUGUST 2, 2017

31. At all relevant times before and during the meter relocation process on August 2, 2017,

employees and agents of the Defendants, and each of them, were in exclusive control of the

gas supply line and attachments located downstream of the main line.

32. At all relevant times, Defendant CenterPoint had a duty to monitor, inspect, repair and

maintain all components of the natural gas distribution system downstream of the main line at

Minnehaha Academy, including but not limited to the gas lines, pipes, meters, and regulators

utilized to transport and supply natural gas to Minnehaha Academy.

33. Defendant CenterPoint represented to the public that it monitored the operation of its

pipelines and that it maintained them in accordance with legal requirements.

34. The gas supply line and attachments in question were not located on public property;

rather they were on property owned by Minnehaha Academy over which the Defendants, and

each of them, had full and exclusive control for purposes of the meter relocation project.

35. The supply line and attachments in question were in good working order and had not

been damaged, broken, cracked or otherwise disturbed prior to the meter relocation project.

36. Immediately prior to the explosion, employees and agents of the Defendants, and each

of them, were in the pit area inside the building in the process of disconnecting the service line

from the old meter.

37. While employees and agents of the Defendants, and each of them, were in the pit area

inside the building, in the process of disconnecting the service line from the old meter,

Minnehaha Academy staff, including Plaintiffs decedent, Ruth Berg, were working inside the

building, a short distance from the blast site. Minnehaha Academy officials and employees had

no idea such highly-dangerous work was being performed, as Defendants did not inform

officials and employees of the high degree of danger posed by the abnormally dangerous

activities being conducted within the building.

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38. Prior to disconnecting the service line from the old meter, employees and agents of the

Defendants, and each of them, failed to inspect and safely close shut-off valves upstream from

the meter.

39. The failure to safely close shut-off valves upstream from the meter meant that as soon

as employees and agents of the Defendants, and each of them, disconnected the supply line

from the meter, gas under operating pressure would immediately flow out of the supply pipe into

the confined pit area where it would accumulate and explode.

40. In addition, CenterPoint had failed to install an Excess Flow Valve (EFV) or curb valve

on the service line of the gas piping system, which would have prevented the release of an

explosive level of natural gas by instantaneously shutting off the flow of gas.

41. Upon disconnecting the supply line from the meter, employees and agents of the

Defendants, and each of them, immediately realized that explosive conditions existed. However,

rather than alerting building occupants and people in the vicinity of the building of the danger

and the need to take immediate action, the employees and agents of the Defendants, and each

of them, ran to save themselves and ignored the safety of others, including Plaintiffs decedent,

Ruth Berg.

42. The NTSB report describes what happened next:

A school maintenance worker heard and smelled the natural gas release and
went to its source in the basement meter room where the workers had been. As
he exited the basement, he made an announcement over his hand-held radio
that there was gas in the building and to evacuate immediately. As he made his
radio announcement, he ran up the stairs and searched for occupants. Less than
1 minute later, the building exploded.

43. The employees and agents of the Defendants, and each of them, who were responsible

for the meter relocation project (which included the aforesaid disconnection of the supply line

from the meter) committed a series of blatantly unsafe, unreasonable and otherwise highly

dangerous acts with deliberate disregard for the rights or safety of others, including Plaintiffs

decedent, Ruth Berg.

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44. As a direct and proximate result of the aforesaid acts and omissions committed by the

employees and agents of the Defendants, and each of them, a massive explosion occurred at

Minnehaha Academy on August 2, 2017, which destroyed and essentially leveled a large

portion of the building in which Plaintiffs decedent, Ruth Berg, was working.

45. As a direct and proximate result of the August 2, 2017 explosion, Plaintiffs decedent,

Ruth Berg, was killed.

46. As a direct and proximate result of the explosion which killed Ruth Berg, her heirs and

next of kin, including Plaintiffs herein, are entitled to compensation for all of their pecuniary

losses as allowed by law.

47. Plaintiff demands a jury trial as to all issues of fact herein.

COUNT ONE
NEGLIGENCE AGAINST ALL DEFENDANTS

48. Plaintiffs incorporate paragraphs 1 through 47 as if set forth fully herein.

49. Defendants were responsible for the installation of the gas meter at Minnehaha

Academy on August 2, 2017 and had a duty to exercise reasonable care in doing so and to do

so properly.

50. Defendant Master Mechanical, and its agents and employees, had a duty to prevent the

escape of natural gas while installing the gas meter and also to protect the public from

foreseeable injury and to maintain safety practices and policies.

51. Defendant CenterPoint, and its agents and employees, had a duty to make reasonable

inspections to ensure that the gas system at Minnehaha Academy was safe for the

transportation of gas and to properly monitor, survey, clean, upgrade, maintain or replace the

gas supply system at Minnehaha Academy (and/or its component parts) to discover any

problems and deficiencies in or regarding the gas supply system and to warn of any such

problems.

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52. Defendant CenterPoints duty to exercise due care in carrying out its duties and

obligations was non-delegable, subjecting CenterPoint to liability for the negligence of its agents

and subcontractors, including Defendant Master Mechanical.

53. All Defendants herein had a duty to give adequate warning to persons at Minnehaha

Academy of the foreseeable dangers inherent in natural gas and of the failings and resultant

dangers associated with common natural gas piping fittings and fixtures, especially when

conducting high-risk activities such as the relocation and installation of a natural gas meter.

54. Persons of ordinary care and prudence, particularly when dealing with the relocation and

installation of a natural gas meter, would or should have ensured that competent and qualified

individuals were involved in the installation and ensured that the natural gas line was properly

and safely shut off prior to doing so. Defendants breached their duty regarding this critical

responsibility and failed to act with ordinary care and prudence in relocating and installing the

natural gas meter at Minnehaha Academy on August 2, 2017.

55. The death of Ruth Berg was directly and proximately caused by the negligence and

carelessness of Defendants in some or all of the following respects:

Failure to train employees and agents of the Defendants, and each of

them, regarding safe procedures for meter relocation;

Failure to supervise employees and agents of the Defendants, and each

of them, regarding safe procedures for meter relocation;

Failure to properly equip employees and agents of the Defendants, and

each of them, with sufficient tools and equipment to safely carry out the meter

relocation project;

Failure to design, implement and follow an effective safety plan;

Failure to communicate with and warn people working in the building and

adjacent areas about the hazardous and abnormally dangerous operation being

conducted;

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 Failure to evacuate people working in the building and adjacent areas

prior to disconnecting the service line;

Failure to safely and effectively shut-off the supply of gas at the shut-off

valve just upstream from the meter prior to disconnecting the service line from

the meter;

Failure to properly inspect the shut-off valve just upstream from the meter

to make sure it was fully closed;

Failure to safely and effectively shut off the supply of gas at the shut-off

valve upstream from the shut-off valve nearest the meter;

Failure to properly bleed off or purge gas downstream from the shut-off

valve or valves which employees and agents of the Defendants, and each of

them, assumed were closed (and which, had they done so, would have alerted

them to the fact that the line was still fully pressurized);

Failure to utilize or implement an Excess Flow Valve (EFV) or curb valve

to automatically shut off the gas when the gas flow exceeds design limits;

Failure to immediately and urgently warn and evacuate building

occupants, including decedent Ruth Berg, after employees and agents of the

Defendants, and each of them, knew of the escaping gas caused by the

aforesaid acts and omissions;

Failure to provide notice or warning to the public, including all persons

present at Minnehaha Academy on August 2, 2017, with information concerning

the associated dangers related to the escape of natural gas in the distribution

system; and

Such other acts or omissions as will be identified during discovery.

56. These negligent acts and omissions were a direct and proximate cause of the explosion

and fire at Minnehaha Academy and the death of Ruth Berg.

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57. As a direct and proximate result of the combined negligence of Defendants, Ruth Berg

was killed in the explosion of August 2, 2017 and her heirs and next of kin are entitled to all

such damages as set forth in Minnesota Stat. 573.02 et. seq. Specifically, her heirs and next

of kin have suffered the loss of means of support, guidance, counsel, aid, advice, comfort,

assistance, companionship and protection, which would have been provided had she lived, and

have otherwise sustained pecuniary loss consisting of general and special damages in an

amount significantly in excess of Fifty Thousand and no/100 Dollars ($50,000.00), to be

determined at trial.

COUNT TWO
STRICT LIABILITY AGAINST ALL DEFENDANTS

58. Plaintiffs incorporate paragraphs 1 through 57 as if set forth fully herein.

59. Natural gas, in its normal and customary use in gas distribution systems, is a dangerous

and highly combustible substance which poses a significant explosion risk.

60. The distribution, delivery, and handling of natural gas, as well as the performance of

work on gas piping systems and related instrumentalities, are abnormally dangerous activities

that involve a high risk of harm due to explosion.

61. The installation, servicing and repair of gas piping systems, including the closing and

purging of valves and gas lines, presents a high risk of harm to persons in the vicinity.

62. Due to this extreme risk, Defendants, who were performing such activities, had a duty to

the public of exercising a degree of care and diligence proportionate to the danger of explosion,

which Defendants knew could not be completely eliminated by the use of reasonable care.

63. Among other things, Defendants actions in disconnecting a service line when the

upstream shut-off valves had not been safely closed, constituted an ultra-hazardous activity

which imposes strict liability on Defendants.

64. As a direct and proximate result of the above ultra-hazardous activities, the escape of

natural gas caused an explosion which killed Ruth Berg and her heirs and next of kin are

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entitled to all such damages as set forth in Minnesota Stat. 573.02 et. seq. Specifically, her

heirs and next of kin have suffered the loss of means of support, guidance, counsel, aid, advice,

comfort, assistance, companionship and protection, which would have been provided had she

lived, and have otherwise sustained pecuniary loss consisting of general and special damages

in an amount significantly in excess of Fifty Thousand and no/100 Dollars ($50,000.00), to be

determined at trial.

COUNT THREE
NEGLIGENCE PER SE AGAINST DEFENDANT CENTERPOINT

65. Plaintiffs incorporate paragraphs 1 through 64 as if set forth fully herein.

66. Defendant CenterPoint is a regulated natural gas utility in the State of Minnesota.

67. At all times relevant hereto, Defendant CenterPoint was obligated to comply with safety

requirements applying to natural gas distribution systems which were established by statutes,

regulations, rules, and other requirements, including but not limited to the rules, regulations, and

requirements of regulatory agencies.

68. Those statutes, regulations, rules, and other requirements applying to natural gas

distribution systems were designed, enacted, adopted and implemented to prevent explosions,

to enhance public safety, and to provide protection to members of the public, including but not

limited to, Plaintiffs decedent.

69. Upon information and belief, Defendant CenterPoint violated one or more safety

requirements established by statutes, regulations, rules, and other requirements governing the

design, construction, maintenance, and operation of the gas distribution system that is the

subject of this matter, thereby constituting negligence per se.

70. Defendant CenterPoints failure to comply with such statutes, regulations, rules, and

other requirements constitutes negligence per se.

71. Defendant CenterPoints negligence per se was a direct and proximate cause of the

natural gas explosion at Minnehaha Academy on August 2, 2017.

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72. As a direct and proximate result of the negligence per se of Defendant CenterPoint, Ruth

Berg was killed in the explosion of August 2, 2017 and her heirs and next of kin are entitled to

all such damages as set forth in Minnesota Stat. 573.02 et. seq. Specifically, her heirs and

next of kin have suffered the loss of means of support, guidance, counsel, aid, advice, comfort,

assistance, companionship and protection, which would have been provided had she lived, and

have otherwise sustained pecuniary loss consisting of general and special damages in an

amount significantly in excess of Fifty Thousand and no/100 Dollars ($50,000.00), to be

determined at trial.

COUNT FOUR
RES IPSA LOQUITUR AGAINST DEFENDANT CENTERPOINT

73. Plaintiffs incorporate paragraphs 1 through 72 as if set forth fully herein.

74. The gas piping and distribution system that is the subject of this matter was in the

exclusive control of Defendant CenterPoint and was outside the control of the Plaintiffs and

others similarly situated.

75. At all material times herein, Defendant CenterPoint had a non-delegable duty to

reasonably maintain and inspect the gas piping system at Minnehaha Academy.

76. The explosion of August 2, 2017 was of a kind which ordinarily does not occur in the

absence of negligence.

77. The injuries and damages of the Plaintiffs, as a result of the death of Ruth Berg, were

caused by the negligent and improper acts and omissions of Defendant CenterPoint and its

officers, employees, and agents, as outlined herein.

78. Defendant CenterPoint is liable for such injuries as a consequence of the doctrine of res

ipsa loquitur and Ruth Bergs heirs and next of kin are entitled to all such damages as set forth

in Minnesota Stat. 573.02 et. seq. Specifically, her heirs and next of kin have suffered the loss

of means of support, guidance, counsel, aid, advice, comfort, assistance, companionship and

protection, which would have been provided had she lived, and have otherwise sustained

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pecuniary loss consisting of general and special damages in an amount significantly in excess

of Fifty Thousand and no/100 Dollars ($50,000.00), to be determined at trial.

COUNT FIVE
VICARIOUS LIABILITY AGAINST DEFENDANT CENTERPOINT

79. Plaintiffs incorporate paragraphs 1 through 78 as if set forth fully herein.

80. Defendant CenterPoint is vicariously liable, under the doctrine of respondeat superior,

for the negligent acts of its agents, employees, and representatives performed within the course

and scope of their employment or agency.

81. All of the acts and omissions alleged herein of Defendant Master Mechanical, and its

agents or employees, were committed while within the course and scope of employment or

agency.

82. As a result, Defendant CenterPoint is liable for the damages sustained by Plaintiffs as

previously alleged herein.

PRAYER FOR RELIEF

WHEREFORE, PLAINTIFFS BRITTANY BERGSTROM AND JO ANN FRICANO, AS CO-

TRUSTEES FOR THE HEIRS AND NEXT-OF-KIN OF RUTH BERG, PRAY FOR RELIEF AS
FOLLOWS:

A. As to all counts, for judgment against Defendants, and each of them, for special and

general damages in an amount significantly in excess of Fifty Thousand and no/100 Dollars

($50,000.00);

B. For costs, disbursements and reasonable attorneys fees incurred herein pursuant to

statute;

C. For pre-judgment and post-judgment interest as allowed by law; and

D. For such other and further relief as the Court may deem just and equitable, including any

injunctive relief and/or other equitable remedies the Court deems appropriate.

A JURY TRIAL IS DEMANDED.

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 ACKNOWLEDGMENT

The undersigned hereby acknowledges that sanctions may be imposed pursuant to

Minn. Stat. Section 549.211, subd. 1.

PRITZKER HAGEMAN, P.A.

Dated: 10/18/17 By: /s/ Eric Hageman

Fred H. Pritzker (#88456)
Eric Hageman (#258180)
45 South Seventh Street, Suite 2950
Minneapolis, MN 55402
612-338-0202
fhp@pritzkerlaw.com
eric@pritzkerlaw.com

and

YAEGER & WEINER, PLC

Michael L. Weiner (#127991)
Gregory T. Yaeger (#170744)
2701 University Avenue SE, Suite 202
Minneapolis, MN 55414
mweiner@yw-law.com
gyaeger@yw-law.com

Attorneys for Plaintiffs

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