Via Bayou, Inc., doing business as America's Best Storage, has filed a lawsuit against Tyrone Bush in the County Civil Court at Law No. 2 of Harris County, Texas. The case ID is 122605 and it was filed on April 10, 2024. The plaintiff seeks a writ of certiorari to review a previous decision related to the theft of a boat from their storage facility.
The plaintiff is a corporation incorporated in Texas and the defendant is an individual resident of Texas. The case revolves around an incident where the defendant's boat was stolen from the plaintiff's self-storage facility located in Katy, Texas. The defendant had signed an agreement stating that the plaintiff was not responsible for any damages and had opted out of insurance coverage provided by the facility.
The boat was later recovered and returned to the defendant who subsequently filed a lawsuit against America’s Best Storage in Justice Court. This case was set for trial on November 22, 2023, but was postponed to February 21, 2024 due to Mr. Bush being out of town.
Via Bayou, Inc. seeks judgment arguing that since the boat was recovered, no damages were suffered by Mr. Bush. They also argue that by refusing to purchase insurance through America’s Best Storage, Mr. Bush waived his right to recovery. The plaintiff contends that if they are found liable, the contributory negligence of Mr. Bush for not purchasing insurance should be considered along with the negligence of the thief.