Texas Woman Sues Xcel Energy, Alleges Company is Responsible for Panhandle Wildfires

A woman whose house burned down has filed a lawsuit claiming the wildfire was sparked by a utility pole that broke and fell.
Texas Woman Sues Xcel Energy, Alleges Company is Responsible for Panhandle Wildfires
Smoke billows over a road during the Smokehouse Creek Fire in the Texas panhandle on Feb. 27, 2024. Texas A&M Forest Service via Getty Images
Jana J. Pruet
Updated:
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A woman who lost her home in one of the largest wildfire in U.S. history has filed a lawsuit against Xcel Energy.

Melanie McQuiddy, a resident of Canadian, Texas, alleges the Minnesota-based utility company is responsible for the massive Smokehouse Creek Fire that engulfed her home, according to the court documents filed on March 1. The fire has burned over 1 million acres since it began about one mile north of Stinnett, Texas, in Hutchison County on Feb. 26.

“Amongst the million-plus acre wake of destruction left by the wildfire in question, Plaintiff’s property was consumed,” lawyers wrote in the lawsuit.

Lawyers for Ms. McQuiddy have argued “gross negligence” after a wooden utility pole allegedly “splintered and snapped off its base” during high winds, igniting the wildfire that started in Stinnett and spread to the nearby town of Canadian. The lawsuit claims that the utility pole is owned and operated by Southwestern Public Service Company, a subsidiary of Xcel Energy.

“As a result of the utility, powered utility lines hit the ground, igniting a fire, which spread quickly into an uncontrollable conflagration (’the wildfire in question') which incinerated the nearby town of Canadian, Texas,” reads the lawsuit filed in the 31st District Court in Hemphill County.

A spokesperson for Xcel Energy told The Epoch Times that the company is working to support the communities affected by the wildfires but did not provide a comment regarding the lawsuit.

“Our thoughts are with the families and communities impacted by the devastating wildfires across the Texas Panhandle. As members of this community, we will continue to support our neighbors in this recovery,” the company said in an emailed statement to The Epoch Times. “Through the hard work and dedication of our employees and community partners, we have safely restored power to customers who can receive power. We will continue to work in coordination with first responders and local officials to support the power needs of our communities.”

Southwestern Public Service Company did not immediately respond to The Epoch Times’ request for comment.

Several Other Fires Burning

Osmose Utility Services, a Georgia-based contractor allegedly hired to inspect and report on the company’s utility poles, is also named a defendant in the lawsuit.

Osmose CEO Mike Adams said the company is cooperating with investigators working to determine the cause or causes of the fires burning across the Texas Panhandle.

“We are closely following reports of the devastation brought by the Smokehouse Creek Fire, and our thoughts are with the victims of this tragedy,” he said in a statement to The Epoch Times. “Osmose takes these allegations seriously, and we are committed to fully cooperating with any other local investigations into the cause of the fire. We stand by the quality and accuracy of our utility pole inspections.”

The cause or causes of the wildfires have not yet been determined. The investigation is ongoing.

Ms. McQuiddy is seeking over $1 million in damages for the loss of her property. The Watts Law Firm, which is representing Ms. McQuiddy, has previously represented plaintiffs in lawsuits related to wildfires in California and Maui.

As of Tuesday, March 5, the Smokehouse Creek Fire has burned an estimated 1.1 million acres and is 37 percent contained, according to the Texas A&M Forest Service.
Additional wildfires are burning across the Texas Panhandle:
  • Windy Deuce Fire in Moore County has burned an estimated 144,206 acres (55 percent contained)
  • Grape Vine Creek in Gray County has burned an estimated 34,882 acres (60 percent contained)
  • Roughneck Fire in Hutchison County has burned 355 acres (80 percent contained)
  • Magenta Fire in Oldham County has burned 3,297 acres (100 percent contained)
  • Upshur 0374 Fire has burned one acre (100 percent contained)
On Feb. 27, Republican Gov. Greg Abbott issued a disaster declaration for 60 counties, directing the Texas Division of Emergency Management to activate emergency resources to support local firefighters who are responding to the wildfires.

Loss of Life

Two people have lost their lives in the wildfires, and one local fire chief died Tuesday while fighting an unrelated structure fire, but his colleagues said the ongoing wildfires likely played a part.

Fritz Fire Chief Zeb Smith had been fighting the wildfires for nine days straight and had not gotten much sleep in that time before responding to the house fire, a neighboring fire chief said.

“During the response, Chief Zeb Smith faced unforeseen challenges and, despite emergency medical assistance and quick transportation to Golden Plains Hospital, tragically succumbed to his injuries,” officials said in a press release.

He “served the Fritch and Hutchison County community with selflessness and dedication,” the release continued. “His exemplary leadership was evident in his tireless efforts over the past week, where he worked diligently to protect and safeguard his community and fellow citizens.”

Texas Department of Agriculture Commissioner Sid Miller said on Monday that preliminary reports show 3,000 head of cattle have perished, and he expects that number to increase significantly in the days ahead.

“That number will triple or quadruple before it’s over, especially when we start euthanizing the cattle that have had their hooves burned or their udders burned,” Mr. Miller said in an interview on Fox News. “It’s a sad situation.”

More than 500 houses and barns have also been destroyed, he said.

Mr. Miller said donations could be made to the Star Fund grant program to help residents, farmers, and ranchers affected by the wildfires.

He said many families are facing total loss, and some may need mental health support. For those needing help, the AgriStress Helpline is available 24 hours a day, seven days a week, at no cost. Call or text 833-897-2474 for help.

Information regarding the wildfires and additional resources for those affected are available on the Texas Division of Emergency Management disaster portal.
Jana J. Pruet
Jana J. Pruet
Author
Jana J. Pruet is an award-winning investigative journalist. She covers news in Texas with a focus on politics, energy, and crime. She has reported for many media outlets over the years, including Reuters, The Dallas Morning News, and TheBlaze, among others. She has a journalism degree from Southern Methodist University. Send your story ideas to: [email protected]
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