Houston attorney Tony Buzbee filed the lawsuit Saturday against Entergy Texas and the Electric Reliability Council of Texas on behalf of the Pineda family, who believes their son, Cristian, died of hypothermia in the subfreezing cold snap that blanketed the state last week.
“Common sense tells you the weather played a part in his death,” Buzbee told Click2Houston. “His mother is very adamant, clear that he had no underlying conditions whatsoever that would make him particularly vulnerable to cold weather.”
On Monday night in Conroe, the Pineda family huddled together in one room as the temperature inside hovered around 10 degrees, according to the lawsuit. Cristian’s mother and stepfather shared a bed with their baby boy while Cristian and his younger brother bunked in another.
When the family woke up Tuesday morning, Cristian was unconscious. were with their baby boy, while Cristian shared a bed with his younger brother. Cristian was found unconscious the next morning.
Cristian Pineda was found dead Tuesday morning.
Medical examiners have not yet released a cause of death, but said a carbon monoxide test in the home came back negative.
The lawsuit, which alleges negligence and gross negligence, argues that the companies failed to properly guard the energy grid before the storm and failed to warn residents about what could happen during the deep freeze.
“We are deeply saddened by the loss of life in our community,” Entergy said in a statement to Click2Houston. “We are unable to comment due to pending litigation.”
On a GoFundMe that has raised more than $80,000, Cristian’s family said they are hoping to send his body back to Honduras for his burial, following his “wish to see his grandparents again.”