Erik and daughter Vanessa Pérez watch as the casket of Marisol and Erik Jr. Pérez who died in a late May apartment fire is wheeled past out of St. Cecilia Catholic Parish Dallas, Tuesday, June 9, 2026.

Erik and daughter Vanessa Pérez watch as the casket of Marisol and Erik Jr. Pérez who died in a late May apartment fire is wheeled past out of St. Cecilia Catholic Parish Dallas, Tuesday, June 9, 2026.

Angela Piazza/The Dallas Morning News

A man who lost his wife and infant son in a recent natural gas explosion in Oak Cliff has sued Atmos Energy, accusing the utility of mismarking gas pipelines in the neighborhood twice in the weeks before the blast.

The lawsuit, filed last week in Dallas County court by Erik Pérez Sr., alleges the utility also failed to properly investigate or classify a gas leak at The Clyde apartments as an emergency, despite being notified one of their lines had been struck by a drilling rig. In a statement, Atmos Energy did not directly address the allegations in the suit, but said it is cooperating with federal and state investigations into the blast.

Pérez, who was out of town at the time of the May 28 explosion, is seeking more than $1 million in damages for continued mental anguish, medical and funeral costs, and the loss of his wife, Marisol Pérez, and their 18-month-old son Erik Pérez Jr.

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His daughter, Vanessa Pérez, was rescued by a bystander as she crawled from the debris, just days before she turned 10. She witnessed the explosion and heard her mother and brother cry for help before their deaths, according to the lawsuit.

“She has suffered past and future physical pain and mental anguish as a result of her injuries, permanent disabilities, and mental anguish as a result of being a bystander to their deaths,” the lawsuit says.

A widening legal fight

The allegations brought by Pérez build on a widening legal fight over what happened before the blast and who is responsible.

It follows at least four other legal claims brought by victims and their families accusing Atmos of not repairing repeated leaks, not replacing aging plastic pipe and not properly marking underground gas lines. The explosion also killed Sylvia Collins, a Dallas County Democratic precinct chair, whose daughter was among those who filed a suit against Atmos.

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The Pérez family declined an interview request from The Dallas Morning News Thursday when contacted about the suit. Four lawyers listed in Pérez’s lawsuit did not immediately respond to requests for comment Thursday.

Related: Oak Cliff tragedy shows finding gas lines not foolproof; experts say system has weaknesses

Atmos has denied wrongdoing in response to other legal claims related to the explosion, pointing instead to the actions of third parties. 

An investigation by the National Transportation Safety Board remains ongoing, a process that could take more than a year before reaching a conclusion. 

A preliminary NTSB report released July 1 found that the line hit by the drilling rig had not been marked as required before work began.

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Atmos was repeatedly notified of gas leaks on The Clyde’s block for more than a year before the explosion, according to Texas811 records reviewed by The News. Texas 811 is the statewide notification system used to alert utility companies before digging so underground lines can be marked.

‘No warning’

Pérez’s suit details information it claims shows Atmos’ disregard for safety well before the explosion.

“No warning of the gas leak was provided to the residents of the Clyde nor any of their neighbors,” the lawsuit says. “Atmos intentionally and systemically hides its leaks from the public and those most likely to be visited by the danger these leaks pose.”

On May 2, Atmos marked its pipes in the wrong location just blocks from The Clyde, the lawsuit says, causing a leak that necessitated the evacuation of Louise Wolff Kahn Elementary School. 

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A Dallas ISD spokesperson did not provide information about the reported evacuation Thursday, saying the details were forthcoming.

In a statement Thursday, Atmos expressed sympathy for those impacted by the blast, and said two post-explosion pressure tests passed: one on the main and service line to the apartment building up to where the service line was struck, and another on the service line from the strike to the property’s meter. Atmos’ statement did not address allegations about reported leaks in the area before the blast.

In response to a different lawsuit, a Dallas County judge ordered Atmos to preserve evidence connected to the explosion.  

Staff writer Sue Ambrose contributed to this report.