Judge considering summary judgment motions in suit over Hurricane Ike damage

David Yates Mar. 24, 2010, 5:45am

Earlier this month, the Southeast Texas Record reported that the current and former owner of a Calder Street gas station filed dueling summary judgment motions.

On March 23 a hearing on the issue was held in Judge Milton Shuffield's 136th District Court. The judge did not craft a ruling on the spot and said he would take the motions under advisement.

The case, filed in September, was brought by Cebron Hendrix, who now owns Complete Care Automotive. He purchased the automobile service station from defendant Clark Winslow in October 2005.

According to court documents, each side argues that there is not enough evidence to support the other's argument.

In his suit, Hendrix says Winslow owes him $100,000 from insurance proceeds received after Hurricane Ike damaged his gas station, located at 5605 Calder St.

Following Hurricane Ike's landfall on Sept. 13, 2008, the insurance company paid $135,000 to Winslow and Hendrix.

Court documents show that 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."

Complete Care Automotive filed its motion for summary judgment on Feb. 4, alleging Winslow breached their "valid contract," court papers say.

A hearing was originally slated to be held on 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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