Port Arthur residents say sewage damaged their home

Kelly Holleran Jul. 29, 2011, 6:41am

Two Jefferson County residents claim they sustained significant damages to their Port Arthur home after waste from a damaged sewer line invaded their residence.

Kevin and Rosenia Phillips filed a lawsuit July 15 in Jefferson County District Court against Allco and Action Restoration.

In their complaint, the Phillips allege Allco damaged a sewer line near their home at 2233 Sharon Drive in Port Arthur on March 15, causing their house to fill with water, mud and sewage waste material.

When the Phillips reported the incident to Port Arthur authorities, Allco manager Mr. Dubose recommended the couple use Action Restoration to remove the waste from their home and to subsequently rebuild and remediate their home and yard, according to the complaint.

"Mr. Dubose stated that he did not want to deal with several different contractors and instead wanted to deal with one contractor, Action Restoration, promising that Action Restoration would get Plaintiffs back into their home much quicker," the suit states.

Following Dubose's advice, the Phillips hired Action Restoration, the complaint says. However, the couple claims they were disappointed by the company because it failed to use properly licensed workers who did not adequately complete the work.

"In addition, plumbing and electrical problems still exist in Plaintiff's home," the suit states.

In their complaint, the Phillips allege private nuisance and negligence against Allco, saying its employees were not competent to operate its machinery.

The couple alleges violations of the Deceptive Trade Practices Act, common law fraud and negligence against Action Restoration.

The Phillips seek actual, economic, punitive, treble and exemplary damages, plus pre- and post-judgment interest, attorneys' fees, costs and other relief the court deems just.

Cade Bernsen and David E. Bernsen of The Bernsen Law Firm in Beaumont will be representing them.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A190-521

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