Service station owner says hurricane repairs not completed

By Kelly Holleran | Sep 10, 2009

A company is seeking more than $100,000 after it says a Beaumont man failed to pay it the appropriate amount of money after Hurricane Ike struck a gas station.

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.

According to the complaint filed Sept. 2 in Jefferson County District Court, 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.

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 will be representing him.

The case has been assigned to Judge Milton Shuffield.

Jefferson County District Court case number: D184-826.

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