HOUSTON – In what might be the first of many, a Fort Bend County man has filed suit against CenterPoint Energy and the Electric Reliability Council of Texas over the power loss caused by Winter Storm Uri.
Seeking more than $10 million in damages, Mauricio and Daysi Marin filed their suit Feb. 18 in Harris County District Court.
According to the lawsuit, ERCOT failed to adequately assess the electric needs of Texas residents. As a result, “millions were plunged into darkness and cold” when Uri hit.
“Unlike the Defendants, Plaintiffs planned and prepared for the winter storm,” the suit states. “Unfortunately, Plaintiffs could not know that ERCOT and CenterPoint would decide to cut-off their electricity with no end in sight and with no warning given beforehand.”
Leading up to the storm, Mauricio had been convalescing in his home recovering from COVID-19. His condition was so severe his family was told he would likely die in December, according to the suit.
“Through Daysi’s prayers and the prayers of hundreds of other people, Mauricio survived,” the suit states. “However, Mauricio was placed at death’s door again through no act of God but through the acts of Defendants.”
Mauricio and Daysi are accusing CenterPoint of “callously and indifferently” placing profits over people.
They are alleging gross negligence and are suing for punitive damages, plus damages for their alleged mental anguish.
Representing them is Houston attorney Francis Spagnoletti, who is currently on probation over his handling of BP oil spill claims.
According to the Houston Chronicle, Spagnoletti accepted a four-year partially probated suspension. An evidentiary panel of the District 4 Grievance Committee found that in representing certain clients, Spagnoletti failed to make reasonable efforts to ensure that the conduct of a non-lawyer at his firm was compatible with his professional obligations, and Spagnoletti permitted the non-lawyer’s conduct, that if engaged in by a lawyer, would have been a violation of the Texas Disciplinary Rules of Professional Conduct.
Case No. 2021-09497