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SOUTHEAST TEXAS RECORD

Saturday, September 28, 2024

Plaintiffs accuse construction companies of negligence leading to ammonia leak damaging stored frozen food

State Court
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A multimillion-dollar lawsuit has been filed in Harris County, Texas, accusing multiple companies of negligence and breach of duty that resulted in significant damages to stored frozen food. The complaint was filed by Refrigerated Food Systems, Inc. (RFS) and Southwest Food Distributors, Inc. (Southwest) on June 11, 2024, against Katy Mission, LLC; Yacoel 2021 Partners, LP; E.E. Reed Construction, LP; and Letsos Company.

According to the plaintiffs' original petition, RFS and Southwest are seeking over $1 million in damages due to an incident that occurred on February 11, 2023. The plaintiffs allege that Katy Mission and Yacoel owned or leased a refrigeration warehouse located at 23623 Colonial Parkway in Katy, Texas. They had contracted with E.E. Reed Construction for HVAC work as part of major structural upgrades to the facility's ammonia refrigeration system. E.E. Reed subcontracted Letsos Company to perform the work on the refrigeration system.

The plaintiffs claim that during the course of their work on February 11, 2023, E.E. Reed and Letsos broke a refrigerant line or conduit in the warehouse remodel process. This breakage allowed ammonia or coolant to escape into the warehouse environment, causing extensive damage to frozen foods and other items stored within the facility.

"Defendants had a duty to perform at or near the standards of a subcontractor in similar circumstances," stated the plaintiffs in their filing. They further alleged that "the negligent acts and omissions" by E.E. Reed and Letsos directly caused significant damage to their property by failing to complete the work under agreed conditions and not adhering to industry standards.

Additionally, RFS and Southwest argue that Katy Mission and Yacoel breached their duty of care as property owners by ordering or directing modifications that led to this hazardous condition without ensuring proper safety measures were followed. "Defendants Katy Mission and Yacoel breached their duty of due care by through their action or omission," reads another part of the complaint.

The plaintiffs are seeking monetary relief exceeding $1 million for damages incurred from this incident. They also request pre-judgment interest from the date of injury through judgment date at the maximum rate allowed by law, punitive damages for gross negligence if applicable, attorneys' fees pursuant to Tex. Civ. Prac & Rem Code §38.001 among other statutes permitting such recovery.

Representing RFS and Southwest are attorneys C. Thomas Valentine (State Bar No: 00786303), John P Venzke (State Bar No: 20546500), Rana D Robinson (State Bar No: 241210) from Daw & Ray LLP based out of Houston Texas.

This case is presided over by Judge Marilyn Burgess with Case ID: 2024-36847 in Harris County’s District Court number 61.

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