Texas Family Sues for $100 Million After Son Dies in Texas Winter Freeze
A Conroe family in Houston, Texas, has filed a lawsuit against several Texas energy companies after the family lost their son during last week's deep freeze. The historic freeze crippled thousands of Texans across the state, leaving many cold, hungry, and in the dark. After the Pineda family lost power and heat in their mobile home, Maria Pineda’s 11-year-old son, Cristian was found unresponsive in his bed the next morning. The family is suing for $100 million in damages.
The deep freeze that hit Texas resulted in water supply shortages and power outages that left more than eight million people vulnerable in the winter cold. The lawsuit explains how the Pineda family spent the night huddled together under blankets in order to stay warm. Ms. Pineda insists that her son did not have any underlying health conditions and that her son died because of the cold weather and the lack of heat in the home. The lawsuit explains, “Cristian was only 11. He suffered the frigid temperatures for the entire night, suffering until his family found him unresponsive the next day. The family immediately called 911. The family attempted CPR, but it was too late. (Cristian) died because the grid wasn't a priority, and the energy provider made decisions based on profits."
Authorities have not yet ruled as to whether or not Cristian died of hypothermia. Authorities and Pineda’s attorneys are waiting on toxicology reports and an autopsy to determine the cause of death.
Pineda and her representing attorney Tony Buzbee blame the Electric Reliability Council of Texans (ERCOT) and the Energy Corp. Buzbee explains that the two energy providers failed to adhere to a recommendation by the Federal Energy Regulatory Commission to “winterize” the power grid. Because the companies did not do so, they were unprepared for the destruction that ensued during the winter storm.
The lawsuit alleges ERCOT's "decision to not require equipment upgrades to better withstand extreme winter temperatures, and instead choosing to operate mostly isolated from other grids in the U.S., left the majority of the Texas power system unprepared for severe winter weather, and unable to deal effectively when Texas experienced severe weather."
The lawsuit goes on to explain, “Despite having knowledge of the dire weather forecast for at least a week in advance, and the knowledge that the system was not prepared for more than a decade, ERCOT and Energy failed to take any preemptory action that could have averted the crisis and were wholly unprepared to deal with the crisis at hand."
The lawsuit goes on to state that ERCOT failed its customers by promising to provide rolling power outages (temporary power outages among all residents). These rolling power outages would allow all customers to have some power. The lawsuit alleges that ERCOT did not adhere to the rolling blackouts and instead left many customers like the Pineda family in the dark for an extended period. Without ample warning of these extended blackouts, the lawsuit argues the family did not have enough time to prepare.
The suit explains, “Power cuts during blackouts came at the circuit level, with many local providers choosing which circuits to shut down... Hence, there were images of empty downtown Houston office buildings with power, but the Pinedas' mobile home park was left without power.”
Although Texas is one of the largest energy consumers and producers in the nation, the state does not adhere to federal regulations because it uses its own power grid.
Pineda is one of seven other families who are being represented by Buzbee after having lost loved ones because of the freeze. ERCOT issued a statement regarding allegations in the lawsuit in which they said they were not able to comment on pending litigation.
