May 1
PA – Kerwin Stone, J – Dennis Powell
Orange resident Robert Lovelace claims that on April 14, 2008, defendants Edith Miller, Tyrone Miller, Toeka Shelton-Sheffield and William K. Sheffield entered into an agreement to purchase Lovelace's business, Lakes Area Medical Supply Inc., doing business as Sabine Neches Home Health.
According to the complaint, defendants agreed to pay Lovelace a certain sum of money over time, and to undertake various obligations on behalf of the company until the sales price had been paid in full.
Lovelace claims the defendants breached the agreement in numerous respects, including failing to pay the sums owed and failing to comply with all reporting and licensing requirements. He alleges they also refused to allow him to access the company records.
In addition, Lovelace alleges the defendants diverted company assets to their personal use.
Despite the passage of more than 30 days from plaintiffs written demand, they have failed and refused to comply with the agreement.
Lovelace seeks all sums owed by defendants, damages for the harm caused to the company, all patient records and bank records returned, attorneys' fees, costs and interest. He also wants a declaratory judgment that agreement is of no further force or effect and that he has full legal and equitable title to the company.
Case No. B09247-C
PA – Donald Gould, J – Patrick Clark
Redfish Rental, a Texas corporation, sold or leased equipment to Bharat Patel of Channelview through his company SAI Energy LLC doing business as SAI Energy and SAI Development for construction of a LaQuinta Inn in Orange County.
Redfish claims that despite written demand, SAI has failed and refused to pay. The amount due is $57,677.
In addition, Patel executed a personal guarantee for the debt owed by SAI, whereby he promised to pay Plaintiff 'any sum which may become due to you by the company whenever the company shall fail to pay the same."
Redfish is seeking amount owed, plus costs, attorneys' fees and interest.
Case No. A090249-c
May 7
PA – Allision Snyder, J – Buddy Hahn
Plaintiff ICI Construction, located in Spring, states it was hired by the Orangefield school district to perform remediation and repairs to campuses damaged by Hurricane Rita in September 2005.
On June 11, 2004, ICI and OISD entered into a written construction contract to provide labor and materials for $9.25 million in district renovations and additions.
Then Hurricane Rita caused tremendous damage to the district's campuses. A public board meeting was held three days later, and although other disaster repair contractors were present, the board chose ICI for the remediation work since it was already under contract with the district on the construction project.
According to the suit, ICI performed necessary remediation work, and instead of submitting change orders to the written contract for new construction, submitted a separate bill for the Hurricane Rita repair work.
The company estimated that the total cost to complete the remediation and repair work would come to $1,078,096.
After completing all the work in April 2006, ICI made several payment requests to the district. Each time ICI received a check, it claims the amount paid was less than the amount requested with no explanation from the district for the discrepancy.
ICI claims the district had never objected to any of the specific costs included in the payment requests it submitted. Five months later, ICI states it received a spread sheet showing items that the district alleged were not verified by Unified Building Services, a consultant hired by the district's insurance carrier.
After meetings with the district through February 2008, ICI claims it is still owed $278,095.
ICI alleges breach of contract, violations of the Prompt Pay Act of the Texas Government Code and seeks attorneys' fees and interest.
Case No. D090257-c
May 8
PA – Paul Higdon, J – 128
Kirbyville resident Daymon Spikes was involved in a motor vehicle collision in Orange on March 12. He sustained serious and disabling injuries when the automobile he was driving was struck by a vehicle owned by defendant Tango Transport Inc. and driven by its employee Gary B. Hull.
Defendants are negligent for failing to control speed, failing to maintain adequate following distance, failing to maintain control of the vehicle, failing to exercise due care, failing to keep proper lookout, failing to timely apply brakes, driving in an unsafe manner and driver inattentiveness, the suit states.
Case No. A09258-c
PA – Mike Jacobellis, J – Dennis Powell
Orange resident George Coit was driving north in the 100 block of Texas Avenue in Bridge City on Sept. 25, 2008. He alleges he was struck by a car owned by defendants Robert and Jamie Luther and operated by defendant Jeffrey Alan Pollock.
Pollock failed to control his speed and suddenly and without warning struck plaintiff's vehicle. He sustained serious injuries to his back, and has undergone extensive medical and physical therapy treatments.
Defendants are negligent for failing to control speed, failing to maintain adequate following distance, failing to maintain control of the vehicle, failing to exercise due care, failing to keep proper lookout, failing to timely apply brakes, driving in an unsafe manner and driver inattentiveness, the suit states.
Case No. B090259-c
May 11
PA – Mike Jacobellis, J – 260th
Orange resident George Coit was traveling westbound in the outside lane of the 3600 block of US 90 in Liberty on Oct. 20, 2008. He claims he was stopped in traffic and was struck from behind by a 2006 Mack Flatbed owned by Tornado Trucking and driven by its employee Luis Ortiz.
Defendants are negligent for failing to control speed, failing to maintain adequate following distance, failing to maintain control of the vehicle, failing to exercise due care, failing to keep proper lookout, failing to timely apply brakes, driving in an unsafe manner and driver inattentiveness, the suit states.
The plaintiff also alleges negligence per se by violating the Texas Transportation Code and entrusting the vehicle to unfit driver and negligent supervision.
Coit is seeking exemplary damages, past and future medical expenses, mental anguish, physical pain and suffering, disability, loss of enjoyment of life, physical impairment, lost wages and lost earning capacity.
Case No. D090263-c