GALVESTON – A fuel station is alleged to have sold contaminated fuel that caused several thousand dollars' worth of damaged to a commercial truck.
Conifer Insurance Co. filed a complaint on Jan. 18 in the Galveston County District Court against Kemah Food Mart alleging negligence, breach of warranty and other counts.
According to the complaint, the plaintiff alleges that it insured a 2017 Dodge 2500 crew cab commercial truck owned by Bayview Towing and Recovery. The suit states on Sept. 5, 2017, a Bayview employee purchased diesel fuel from the defendant that was contaminated with water, causing $23,560.89 in repairs to the truck.
The plaintiff states it is subrogated to the rights of its insured to collect damages from defendant.
The plaintiff holds Kemah Food Mart responsible because the defendant allegedly continued to sell contaminated fuel after receiving complaints from other consumers prior to the incident.
The plaintiff seeks actual damages of $23,560.89, costs of court and interest. It is represented by Laura D. Schmidt of Downs Stanford PC in Dallas.
Galveston County District Court case number 18-CV-0064