TOLEDO, Ohio — A Toledo woman has won a civil lawsuit that she filed against the owner of a south Toledo gas station.
Cherylynn Mickles told Call 11 for Action in May that she filled up her gas tank at 905 South Ave., a former Valero on March 3. Then, her car broke down on the High Level bridge almost immediately after that.
On Monday, a Lucas County magistrate recommended the defendant, gas station owner Dontell Barton (cited as PETROS 2 in court document) pay Mickles $3,342, plus interest and court costs in small claims court for the damages caused to her car from water in the gasoline.
Mickles told Call 11 for Action on Monday that she fears she will never get her money because Barton did not show up to the court hearing.
A Toledo Municipal Court judge who did not preside over this case told Call 11 for Action that a judgment does not mean the plaintiff will get paid, however, there are several means that courts use to collect funds owed, including property liens and driver's license forfeiture.
Mickles is not the only person to sue Barton alleging water in the gasoline.
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"I've been over here 10 years, and I never went to that gas station," Willie Coleman said.
In February, Coleman was running late to work one day so he did something he had never done before. He decided to stop at the gas station at 905 South Ave.
"I've been noticing the bags on the tanks. He's got eight tanks there," Coleman said. "Tanks one and two always have a plastic bag over them, so common sense tells me something's wrong with them tanks."
But on that day Coleman said the bags were gone, and he needed to fill up quickly.
"I figured they were working, so when I pulled up there, I said, 'Here's $40, I'm going to put $40 in here because I'm running late.' She [the employee] said, 'Okay.' She cut the pump on, and I pumped the gas," Coleman explained. "I got on the Anthony Wayne Trail and the car started acting up, so when I got home, the car quit running."
Coleman immediately got the car to his mechanic who had a surprise for him: a plastic water bottle filled with about half an inch of gasoline and several inches of water.
"He brought me this bottle with the gasoline, the gasoline's up top here. The rest of that's water," Coleman said. "He said, 'Your engine's messed up.' He said, 'We're going to have to flush the engine, redo the whole engine and drop all the gas out.'"
Two customers provided bottles of an apparent gasoline and water mixture that was pulled from their car engines by mechanics.
Coleman showed Call 11 for Action his bill from the mechanic, which was $1,425.53.
He said he went back to the gas station to try to speak with the owner but encountered a manager who told him pumps one and two were supposed to be out of service.
On another visit, Coleman found the employee who was working at the time he bought the gas.
"I said, 'I talked to your boss and he told me you weren't supposed to cut that pump on,'" Coleman said. "She said, 'Well, nobody never told me that. Evidently somebody took the bags off.'"
Call 11 for Action obtained reports from the Lucas County Auditor Office's Weights and Measures Department and the State Fire Marshal, which oversees the weight and content of underground tank systems.
An inspection by the State Fire Marshal's Bureau of Underground Storage Tank Regulations (BUSTR) on March 5, shows the station was out of compliance and received 10 violations, including five for, "failure to perform periodic" or "annual tests" of detectors and equipment that would have detected water in the storage tanks.
During the same visit, an inspector discovered "five to six inches of water" in the premium tank.
Call 11 for Action was also provided reports of additional customer complaints about water in gas as well as weight testing by the county.
A visit by the auditor's office for another complaint of bad fuel in August 2023 shows four items that were to be corrected before a re-inspection 14 days later.
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Another dated Feb. 19 details a complaint by a customer who stated he filled up two cars and both quit working the same day.
Call 11 for Action spoke with the customer, Michael Thomas, who said he has repaired one of the two cars.
A report dated March 11, stated a customer, Mickles, put in a half tank of gas and her car stalled.
"They found that I bought 12 gallons worth of water at that gas station," said Mickles, who filed that complaint with the county after she filled up her gas tank on March 3.
"After I filled up, we didn't even get a half mile down the road," Mickles said. "We stalled on the High Level Bridge and we had to get a tow."
Mickles' mechanic also provided her with a liquor bottle filled with liquid he pulled out of her engine. It was a mixture of gasoline and water, similar to the liquid given to Coleman by his mechanic.
The bill from Mickles' mechanic was $3,200.
According to another report provided to Call 11 for Action by the Auditor's office, the county again inspected the gas station on May 2, when WTOL reported Coleman's claim.
Upon this inspection, the county found 2.8 inches of water in the underground tank. According to the May 2 report, the station owner stated that the tank wasn't being used and that the fire marshal's office was notified of the water detected in the tank.
The fire marshal's office says it conducts inspections to ensure underground systems function properly, but not to regulate water in gas or gas quality.
"There are no state laws on fuel quality standards on the books that relate to the Department of Commerce or State Fire Marshal. For that reason, we would consider this kind of issue to be a private matter between the owner of the vehicle and the owner of the gas station," said Andy Ellinger, senior public information officer for the Ohio Department of Commerce.
Ohio is just one of three states that does not test for fuel quality. State lawmakers have tried to pass a fuel testing law, but those efforts were stalled.
Call 11 for Action has been in contact several times with Barton and his attorney, Adham Zayed.
Barton said he thought Coleman was "scamming" him and he must have an issue with his car. Barton later said he would work with Coleman toward a resolution.
Call 11 for Action was supposed to hear back from Zayed about a resolution, however, at the time of publication, we have not heard back despite multiple calls and messages left for both Barton and Zayed.
ORIGINAL REPORT FROM CALL 11 FOR ACTION: