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Judge designates Port Arthur as responsible third-party in property damage suit

By David Yates | May 23, 2012


A local judge recently designated the city of Port Arthur as a responsible third-party in a suit filed by two residents claiming they sustained significant damages to their home after waste from a damaged sewer line invaded their residence.

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

The Phillips allege Allco damaged a sewer line near their home on Sharon Drive in Port Arthur on March 15, 2011, causing their house to fill with water, mud and sewage.

Court records show that on April 20, Allco filed a motion for leave to designate responsible third-party, asserting the damage caused to the Phillips' home is directly attributed to the city's failure to identify and mark the water line at Allco's request.

Judge Bob Wortham, 58th District Court, granted the motion on May 10.

The suit further alleges the Phillips hired Action Restoration to remedy the damage. However, the couple claims the company disappointed them because it failed to use properly licensed workers who did not adequately complete the work.

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 represent the Phillips.

Attorney Douglas Gosda of the Houston law firm Manning, Gosda & Arredondo represents Allco.

Case No. A190-521

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