Timothy and Kimberly Nowell are currently fighting for their lives in critical condition at Brooke Army Medical Center. For the San Antonio community, they are known as a devoted pastor and a dedicated math teacher; for CPS Energy, they are now the plaintiffs in a lawsuit that alleges a catastrophic failure of the city’s natural gas infrastructure.
The lawsuit, filed by the Nowell family and their daughter, follows a harrowing day on Preston Hollow Drive last month when two separate homes exploded in a span of a few hours. The legal action seeks more than $1 million in damages for each family member and requests a jury trial to determine the extent of the utility company’s liability.
The filing does not treat the Nowell home’s destruction as an isolated accident. Instead, attorneys for the family argue that the explosion was a preventable result of a “poorly maintained, leaking, and deteriorating natural gas system.” The suit alleges that CPS Energy possessed subjective awareness of these risks but proceeded with a “conscious indifference” to the safety of the residents it serves.
This legal battle is the latest in a series of challenges facing the utility provider. The Nowells are represented by Lyons & Simmons, LLP, a Dallas-based firm with a history of taking on CPS Energy. The firm previously represented an East Side family injured in a 2021 explosion, a case that resulted in a stark discrepancy between a jury’s intent and the final payout.
A Timeline of Terror on Preston Hollow Drive
The events of April 21 were marked by a disturbing proximity in both time, and geography. The Nowell residence was the first to be consumed by flames, leaving the parents in critical condition and their teenage daughter traumatized.
Approximately two and a half hours after the first blast, a second home on the same street exploded. The victims of that second incident, Mayte Terrie Reeves and Jose Ochoa, were also hospitalized at Brooke Army Medical Center. While Reeves and Ochoa initially rescinded a lawsuit, they have since refiled their claims and hired the same legal counsel as the Nowells.
| Event | Timeframe | Details |
|---|---|---|
| First Explosion | April 21 (Early) | Nowell family home destroyed; parents critically injured. |
| Second Explosion | April 21 (+2.5 hours) | Reeves and Ochoa residence destroyed; victims hospitalized. |
| Legal Action | May/June | Nowells and Reeves/Ochoa file suits alleging gross negligence. |
Attorneys for both families argue that the occurrence of two explosions on one street in a single afternoon is not a coincidence, but rather a “demonstration of the severe and ongoing danger” posed by the city’s gas distribution system.
Allegations of Gross Negligence
The core of the Nowell lawsuit rests on the distinction between simple negligence and gross negligence. The plaintiffs allege that CPS Energy failed to “hire, equip, and train competent and skilled workers” necessary to maintain a safe system. By claiming gross negligence, the legal team is asserting that the utility company didn’t just make a mistake, but ignored known hazards.
The suit specifically highlights three primary failures:
- Systemic Decay: Allegations that the natural gas lines were deteriorating and leaking.
- Lack of Oversight: A failure to implement rigorous safety protocols or adequate training for field workers.
- Prior Knowledge: The claim that CPS Energy was aware of the risks associated with its aging infrastructure but failed to act.
This narrative of systemic failure mirrors the arguments used in previous litigation against the utility, suggesting a pattern of behavior that the plaintiffs argue will persist until the company is forced to overhaul its maintenance operations.
The Shadow of the East Side Precedent
The choice of Lyons & Simmons, LLP as legal representation is a strategic one. The firm is well-versed in the utility’s internal operations and its history of litigation in Bexar County. Their previous victory for an East Side family in the 2021 explosion case serves as both a blueprint and a warning.
In that case, a Bexar County jury ordered CPS Energy to pay $109 million in damages. However, the actual resolution of the case remains a point of contention. A CPS Energy spokesperson later stated that the utility only paid the family $3 million, highlighting the gap between jury awards and final settlements in complex utility litigation.
For the Nowells and the Reeves/Ochoa family, this precedent underscores the difficulty of securing full compensation, even when a jury finds the utility at fault. The request for a jury trial in the current suit indicates a desire to bring these facts before a panel of citizens rather than settling quietly behind closed doors.
A Community in Mourning
Beyond the legal filings, the explosions have left a void in several San Antonio institutions. Timothy Nowell is a student pastor at Wayside Chapel, where he has served for more than 17 years. His role in the church is described by lead pastor Jason Uptmore as being “deeply woven into the fabric” of the congregation.
Similarly, Kimberly Nowell is a math teacher at MacArthur High School in the North East ISD. The impact of her absence has been felt by her students, prompting Principal Joaquin Hernandez to issue a letter to parents ensuring that counselors and administrative support were available for those affected by the “tragic situation.”
The family’s teenage daughter, also a student at MacArthur, now faces the dual burden of recovering from the trauma of the explosion while her parents remain in critical care at BAMC.
Disclaimer: This article reports on pending litigation. All parties are presumed innocent unless proven liable in a court of law. This content is for informational purposes and does not constitute legal advice.
The next phase of the legal process will likely involve the discovery period, where the Nowells’ legal team will seek internal CPS Energy maintenance records and communication logs regarding the Preston Hollow Drive infrastructure. The court will eventually set a date for preliminary hearings to determine the scope of the evidence allowed at trial.
Do you have information regarding local utility safety or a similar experience? Share your thoughts in the comments or contact our newsroom.
