SAN ANGELO, TX — A San Angelo property owner has filed a second amended petition alleging that negligence by AEP Texas Inc. and Scherz Landscape Co. caused multiple flooding events that damaged her home property.
Allison McMahon, individually and as representative of the estate of David Paul McMahon, filed the petition on June 10 in Tom Green County’s 119th Judicial District Court.
The petition states the home experienced flooding on or about Nov. 7, 2024; May 5, 2025; and July 4, 2025. It alleges the flooding originated from or was caused by conditions on or adjacent to the property controlled by Scherz Landscape Co. and by AEP Texas Inc.’s failure to properly maintain drainage systems in the area.
As a direct result, the property sustained substantial damage to its plumbing, electrical and HVAC systems, insulation, drywall, garage, kitchen, cabinets, doors, baseboards, countertops, mirrors, flooring, appliances and garage door, according to the filing.
McMahon claims the defendants are liable for negligence, gross negligence and under the doctrine of respondeat superior. She seeks actual damages, prejudgment and postjudgment interest, court costs, attorney fees and exemplary damages. The petition requests monetary relief of more than $250,000 but not more than $1 million and demands a jury trial.
AEP Texas Inc. filed an answer generally denying the allegations and asserting affirmative defenses. Scherz Landscape Co. also filed a general denial and gave notice of intent to take McMahon’s deposition.
A motion hearing in the case is scheduled for 9 a.m. July 15 before Judicial Officer Gonzalo Rios.
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