Plaintiff's attorney asks judge to enter $61K jury award including fees

David Yates Jun. 9, 2010, 10:00am

John Morgan

In May, the Southeast Texas Record reported that a jury awarded Tri-Con, a local petroleum product supplier, a $61,260.33 verdict following a brief civil trial in a Jefferson County courtroom.

A month later, plaintiff's attorney John Morgan is asking the case's presiding judge to make it official, filing a motion for entry of judgment on May 25.

A hearing on the matter has been slated for June 11 in Judge Donald Floyd's 172nd District Court.

Court papers say Tri-Con filed suit against CIMA Utility and Construction in November 2008 seeking to recover more than $25,000 from a delinquent account.

On May 13 a Jefferson County jury decided that CIMA failed to comply with an agreement to pay Tri-Con for fuel products delivered to the company.

Jurors found that CIMA owed Tri-Con $36,260.33 for unpaid services, plus an additional $25,000 in court costs and attorney's fees, which includes the costs of a possible CIMA appeal.

In his motion, Morgan asked Floyd to enter the judgment as is, but left it open if the judge deemed his client was entitled to "further relief which it may be justly entitled."

Tri-Con says in its suit CIMA adamantly refused to continue making payments on the account, which forced the company to sue.

"Defendant has defaulted by failing to make the payment on (its) account after receiving plaintiff's products," the suit states. "The principal balance due plaintiff on the account is $25,738.05, plus interest occurred."

CIMA was represented by Danny Scott Jr.

Case No. E182-738

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