Plaintiff, defendant both seek summary judgment in suit over Hurricane Ike damage

David Yates Mar. 2, 2010, 2:30pm

The current and former owner of a Calder Street gas station have filed dueling summary judgment motions, with each side arguing that there is not enough evidence to support the other's argument.

In September, the Southeast Texas Record reported on a suit filed by a company seeking more than $100,000 from a Beaumont man it alleged failed to pay the appropriate amount of money after Hurricane Ike damaged a gas station located at 5605 Calder St.

Cebron Hendrix, who now owns Complete Care Automotive, says he purchased the automobile service station from defendant Clark Winslow in October 2005.

After Hurricane Ike struck on Sept. 13, 2008, the insurance company paid $135,000 to Winslow and Hendrix.

According to the complaint filed Sept. 2 in Jefferson County District Court, the insurance money was to be used for repairs to the building, and if any funds were leftover, they were to be transferred to Complete Care Automotive.

Winslow authorized the payment of $15,000 to repair the canopy and remove the scrap metal left from the canopy damage and $10,000 for additional repairs, but "then Mr. Winslow refused to permit plaintiff to use any remaining sums for repairs to the premises."

"Specifically, Mr. Winslow refused to apply these proceeds in order to have the gasoline pumps working again, which has tortiously interfered with Plaintiff's business, and has caused lost sales," the suit states. "Mr. Winslow has promised on numerous occasions to have the pumps replaced, but he refuses to follow up and actually do so.

"Additionally, on information and belief, Mr. Winslow claims that he paid property taxes due and owing, but in fact he paid the taxes and kept additional sums for himself."

Arguing that Winslow breached their "valid contract," Complete Care Automotive filed its motion for summary judgment on Feb. 4.

A hearing was slated to be held in Judge Milton Shuffield's 136th District Court on Monday, March 1, but was suspended because Winslow is the process of filing his own competing summary judgment motion, court officials told the Record.

Complete Care Automotive is seeking actual and punitive damages, plus attorney's fees, costs and other relief the court deems just.

John S. Morgan of Harris, Duesler and Hatfield in Beaumont will be representing him.

Winslow is represented by attorney Patrick McGinnis.

Case No. D184-826

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