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NTHC files civil suit over destroyed documents, artifacts
By Danny Gallagher, dgallagher@acnpapers.com
The flooding of a storage unit that destroyed an untold number of historic documents and artifacts prompted the North Texas History Center to file a civil lawsuit last week.
The NTHC filed a civil lawsuit last Thursday in the 380th District Court of Collin County against Advantage Self Storage, a regional self-storage chain headquartered in McKinney, according to Collin County court documents.
The suit stems from two storage units leased to the NTHC in March of 2009. Bryan Lean, the NTHC's senior curator, leased two units from the facility located in the 400 block of Interchange Street for the purpose of storing "thousands of significant historical documents and artifacts," according to the plaintiff's original petition.
"After receiving the call, representatives of NTHC travelled to the Advantage facility to inspect the contents and discovered thousands of historic documents damaged by standing water in its units," according to the petition.
The NTHC's lawsuit levied several charges against Advantage in connection with the lease of the units. They claimed Advantage broke the contract by being unable to keep the units safe from "water intrusion." They also said Advantage committed "deceptive trade practices" on several counts including "acting unconscionably by taking advantage of the lack of knowledge, ability, experience or capacity of the NTHC to a grossly unfair degree."
The suit also claimed Advantage acted fraudulently and negligently in their transaction.
"Advantage represented to NTHC that its storage units would be safe and secure to store NTHC's historical items," the lawsuit read. "Advantage knew these representations were false or made the representation recklessly in order to induce NTHC to rent storage units from Advantage. NTHC would not have rented these storage units had they known these units would be unsecure from water intrusion."
The suit does not identify the documents and artifacts destroyed by the flooding or an approximate monetary amount for their worth. The suit only seeks damages with interest as a result of the incident in addition to court courts and attorney's fees from the defendant. They have also requested the case be heard by a jury. Ê
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