After failing to obtain summary judgment, Complete Care Automotive filed its third amended petition and injunction request against a Beaumont man who allegedly failed to pay the company $100,000 after Hurricane Ike damaged the service station.
According to the complaint filed Sept. 2, 2009, Cebron Hendrix, doing business as Complete Care Automotive, says he purchased a gas station and automobile service station from defendant Clark Winslow.
After Hurricane Ike struck on Sept. 13, 2008, the insurance company paid $135,000 to Winslow and Hendrix. Court papers show the insurance money was to be used on repairs to the building, and if any funds were leftover, they were to be transferred to Complete Care Automotive.
In March, both parties sought to obtain summary judgment against each other; however, Judge Milton Shuffield, 136th, denied their motions.
On Jan. 4, Complete Care Automotive filed its third amended petition, hoping to obtain a temporary injunction to prevent the service station from being foreclosed on.
According to the petition, Winslow authorized the payment of $15,000 to repair the canopy and the scrap metal as a result of the canopy damage and $10,000 for additional repairs, and "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."
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 represents him.
Houston attorney Pat McGinnis of Gauthier, Houghtaling & Williams represents Winslow.
Case No. D184-826