CPS Energy was hit with what would have been a $109.5 million verdict Monday by a panel of jurors in San Antonio who found the company was solely responsible for a 2021 residential gas leak in a southeast side neighborhood that caused an explosion and seriously injured two people.
The jury rendered its 10-2 verdict in favor of the Rymerses about three weeks after trial began, but a cap on damages the parties agreed to in advance will limit the family’s recovery to $60 million. Robert Rymers is permanently disabled as a result of his injuries and suffered extensive burns. His mother, Virginia Rymers, was burned and also suffered an air embolism — where air bubbles get into the bloodstream and disrupt blood flow — as a result of the blast, jurors were told.
Jurors also heard evidence that the mother and son lost two pet dogs in the May 2021 explosion as well as all possessions inside the home they rented.
“CPS Energy refused to take responsibility despite the fact that both the San Antonio Police Department’s arson team and the San Antonio Fire Department determined the explosion was caused by natural gas,” said Michael Lyons of Lyons & Simmons, who represented the family.
CPS Energy issued a statement to The Lawbook Tuesday afternoon that the company was “disappointed in the outcome” of the trial.
“We respect our legal system and the jury’s decision but genuinely do not believe our gas was the cause of this accident,” the statement reads. “We remain dedicated to safety and excellence in the operation of our community’s gas system.”
The jury determined that CPS Energy was the only party whose negligence caused the incident, clearing Robert Rymers, Ernestina Esqueda, Right Choice Heating and Air Conditioning Company and Franklin Energy Services of any blame.
In awarding damages, the jury determined Robert Rymers was entitled to $7 million for past pain and suffering, $17.5 million for future pain and suffering, $4.5 million for past mental anguish, $17.5 for future mental anguish, $3.5 million for past disfigurement, $17.5 million for future disfigurement, $3.5 million for past physical impairment and $32.5 million for future physical impairment.
Those damages totaled $103.5 million.
For Virginia Rymers, the jury awarded $501,202.10 for past pain and suffering, none for future pain and suffering, $3 million for past mental anguish, $2.5 million for future mental anguish and no damages for past or future disfigurement or impairment.
Those damages totaled just over $6 million.
According to court documents, the Rymerses filed suit Sept. 1, 2021 and the jury trial began last month on Jan. 21. The gas system inside the home they rented, jurors heard, was installed in 1960 and has a history of failures which prompted replacement of the meter in 2008 and 2015. In 2020 the owner of the home converted it to electric power.
Bexar County District Judge Laura Salinas presided over the trial.
CPS Energy is represented by Stephen Calhoun, Amanda N. Crouch, Matthew J. Swantner, Georgina Buckley-Graham and Jeff Harvey of Jackson Walker, and Larry D. Warren and Evan Patterson of Naman Howell.
The Rymers are represented by Michael Lyons, Chris Simmons, Chris Carr and Michael Wozniak of Lyons & Simmons and Omar G. Alvarez of The Law Office of O.G. Alvarez & Associates in San Antonio. The case number is 2021-CI-18484.