A third lawsuit has been filed regarding the loss of business in Corpus Christi over the city’s latest water crisis, and another might be on the way. This latest lawsuit is the first class action filed. Representing Lila’s Mexican Restaurant, it was filed on behalf of all the city’s more than 1,000 restaurants that have lost customers because of the lack of usable water. Filed by lawyer Josh Hopkins of Elliot & Ritch LLP, the lawsuit names Valero, its subsidiaries and Ergon Asphalt & Emulsion Inc.
Lila’s has remained opened since it was first announced late Wednesday, Dec. 14, that residents should not use city water for consumption, bathing or cooking. The restaurant has suffered because it has had to bring in bottled water and buy ice.
The new lawsuit brings the number of legal actions filed because of the contaminated water to three. One has already led to a restraining order against the companies named, prohibiting them from destroying, selling or damaging any materials that could help in the investigation.
The first two lawsuits filed include: • $1 million in damages sought by Hilliard Munoz Gonzales LLP on behalf of Coiffures of Country Club Inc., Anthony’s Aveda Concept Salon and resident Paula Porter against Valero Marketing and Supply Co., Valero South Texas Marketing Co., Valero Bill Greeley Plant, Valero Refining-Texas LP and Ergon.• Civil suit filed by Sico Hoelscher Harris & Braugh LLP on behalf of WaterStreet Ltd. and Costa Sur Peruvian Fusion LLC. A request for a restraining order prohibiting the companies from destroying evidence was issued as a result of this lawsuit.
A possible fourth lawsuit is expected from lawyer Daniel Covich, who would be filing on behalf of Coffee Waves. All have been filed in the Nueces County Court-at-Law No. 1 before Judge Robert J. Vargas.
Valero has denied any culpability in the contamination, which was caused by either a defective or missing back-flow protecter at Ergon Asphalt & Emulsions on Up River Road in the industrial district.
“While we have been named in lawsuits, we are not the source of the contamination in question,” reads a statement released Friday by Valero. “We continue to believe this is a localized back flow issue from Ergon in the area of Valero’s asphalt terminal. This issue is not related to Valero’s Corpus Christi refineries.”
Ergon has since issued its own statement.
“Ergon Asphalt & Emulsions Inc. has been in contact with [Texas Commission on Environmental Quality] and is working cooperatively to provide all information to ensure state officials can remedy the situation as quickly as possible. Ergon Asphalt & Emulsions Inc. is working around the clock and is committed to providing support to assist in getting the drinking water supply back online.”
The statement came from Hillco Partners, a consulting firm that provides public relations services for companies.
LATEST UPDATES, as of 3 p.m. Friday, Dec. 16:
• City officials plan to meet with representatives of TCEQ and the Environmental Protection Agency at 4 p.m.
• Mayor Dan McQueen will hold a media conference at 6 p.m. in city hall
• Three water towers will be flushed over the next 24 hours to clear out any contaminants, followed by more sampling and testing before any status changes will be announced
• The city has been divided into three zones, each of which has a different level of water usage. That map will be updated as necessary and can be found on the city’s website.
• The city now has four distribution centers open to hand out free bottled water to residents. All four sites will be open until 8 p.m. Addresses for the centers are: Greenwood Senior Center, 4040 Greenwood Drive; Oveal Williams Senior Center, 1414 Martin Luther King Drive; Garden Senior Center, 5325 Greely Drive; Corpus Christi Gym and Natatorium, 3202 Cabaniss Road.
