A high-stakes legal battle is unfolding in Harris County, Texas, as an insurance company seeks justice over a significant theft incident. On April 25, 2025, Nautilus Insurance Company filed a complaint in the District Court of Harris County against Frost Construction Company, Inc., and Malcolm Brinkley. The lawsuit stems from a brazen theft of construction equipment that has left the plaintiff seeking substantial damages.
The case centers around an incident on August 2, 2024, when a John Deere Excavator and trailer belonging to SIL Plumbing, LLC were stolen from a construction site in Channelview, Texas. Nautilus Insurance Company, acting as subrogee for SIL Plumbing, alleges that Frost Construction Company was responsible for securing the site overnight but failed to do so. According to the complaint, Malcolm Brinkley, an employee of Frost Construction Company who was supposed to be on security duty that night, did not show up for his shift. This absence allegedly led to the theft of the equipment valued at $43,000.
The plaintiff's petition accuses both defendants of negligence. It claims that Frost Construction Company breached its duty by not ensuring security personnel were present at the job site on the night of the theft. "Defendants' breach of duty caused the loss herein complained of," states the complaint. The lawsuit also holds Malcolm Brinkley accountable as he was allegedly absent during his assigned security shift and falsely claimed everything was fine at the site.
Nautilus Insurance Company is seeking actual damages totaling $43,000 for the stolen equipment and additional costs related to investigation and litigation. The company is also pursuing pre-judgment and post-judgment interest along with attorneys' fees and any other relief deemed appropriate by law.
Representing Nautilus Insurance Company is attorney Matthew R. Greider from Matthiesen, Wickert & Lehrer S.C., while no defense attorneys are listed in this filing. The case is being heard under Case ID 2025-29080 in front of Judge Joshua Hall at Court 215 in Harris County.