First wrongful death lawsuit filed in West Reading chocolate factory explosion, alleges company 'did nothing' after workers smelled gas

Apr. 11—A lawsuit has been filed on behalf of one of the seven workers killed in the March 24 natural gas explosion at the R.M. Palmer candy factory in West Reading.

The civil action, filed in Common Pleas Court in Philadelphia by Saltz Mongeluzzi Bendesky P.C., is the first wrongful death suit to be filed in the wake of the tragedy, according to the firm.

The lawsuit names R.M. Palmer and its affiliates and UGI Corp., which supplies gas to the site.

The plaintiff is Edith Ruiz, administrator of the estate of Judith Lopez-Moran, 55.

Workers smelled gas that day and notified Palmer, but the 75-year-old, family-owned company "did nothing," the lawsuit said.

"The gas leak at the factory and the horrific explosion it caused was foreseeable, predictable, and preventable," the suit said. "Tragically, Judith Lopez-Moran's death and suffering were preventable."

Palmer officials should have evacuated the factory immediately after being told of the gas odor but instead "made a representation to the factory workers, including Judith Lopez-Moran, that the factory was safe and that there was no gas leak," the suit said.

Palmer, according to the suit, "intended to mislead the factory workers ... so that the factory workers would continue working and so that factory downtime would be minimized."

A spokesperson for UGI said the company doesn't comment on pending litigation. Officials at Palmer could not be reached for comment.

Lopez-Moran would have celebrated Easter this past weekend with her three children followed by her 56th birthday had she not been killed in the explosion, the firm said in its announcement of the lawsuit.

SMB attorneys Robert J. Mongeluzzi, Larry Bendesky, Andrew R. Duffy and Aidan B. Carickhoff represent the estate and family of Lopez-Moran.

In a statement, the attorneys said: "We are humbled to represent the family of Ms. Lopez-Moran and assured them that through this lawsuit we will do everything possible to determine exactly what happened, why it happened, and hold all those responsible fully accountable. We look forward to working collaboratively with all investigating agencies involved, and fully expect, at the appropriate time, the full cooperation of the defendants."

The firm says it is representing more than a dozen victims of the disaster.

Attorneys with SMB said they have notified R.M. Palmer, UGI, and local, state and federal agencies of their representation of Lopez-Moran's estate and requested documentation and preservation of all potentially relevant evidence at and around the site along with records and files regarding plant engineering and operations for subsequent inspection by independent forensic experts.

The firm says its team of catastrophic explosion and mass-disaster attorneys has represented victims and their loved ones in numerous mass-casualty incidents in Pennsylvania and around the country.

Its clients include families of the victims of the 2022 Pottstown residential explosion and the 2019 blast that leveled five row houses in South Philadelphia.

The explosion at R.M. Palmer killed seven people, and 10 people were hospitalized from injuries sustained in the blast.

State police and the National Transportation Safety Board are investigating the exact cause and origin of the blast. The NTSB has indicated that it was a natural gas explosion, but details of what caused the tragedy have yet to be determined.

The Associated Press contributed to this story.

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