‘It’s infuriating’ Bernards owner said about business shuttering near delayed TxDOT project

Bernards as seen in January 2024. Staff photo.

Philip Thrash and his wife Herrlinda shut down Bernard’s, a liquor/convenience store and gas station on April 1, three-and-a-half years after their roadwork nightmare began.

“It’s so hard to express in words and to keep my anger in check,” Thrash said.

He blames the Texas Department of Transportation (TxDOT) for closing his family’s business.

TxDOT started construction on a new overpass in front of the store along U.S. Highway 87 at Farm to Market Road 41, in October 2021.

The overpass is still not done and there are no construction crews on site. It’s a story LubbockLights.com followed for more than a year.

“It’s just – it’s infuriating. It’s just absolutely infuriating,” Thrash said.

From the start of the project until August 2024 (just short of three years) the east/west traffic along Highway 41 was blocked at the overpass construction zone – cutting off Bernard’s from much of its customer base.

Along the way, TxDOT fired the original contractor, Allen Butler Construction, which we covered here.

Thrash’s company, FamFive Holdings Inc., sued TxDOT in December 2023. For that reason, TxDOT will not comment on Bernards, but LubbockLights.com reached out to TxDOT spokesperson Dianah Ascencio for a current update on the project.

“The US 87/FM 41 bridge project is still on schedule to accept bids for construction in October, with work beginning in spring 2026. Right now, plans are being redesigned to be able to continue the project utilizing as much of the work that has already been done and without having to start over. But there is a possibility that some of the work may have to be redone,” Ascencio said.

“I cannot comment on any pending litigation,” Ascencio said.

Thrash can. And he wants to hold TxDOT accountable.

‘Heads should roll’

“There’s other people out there that are just as angry and frustrated as I am,” Thrash said.

“Heads should roll. Just because you work for the state should not give you immunity for being fired or immunity from accountability,” Thrash said.

He was referencing a legal technicality called “sovereign immunity,” which TxDOT cited in its attempt to get the FamFive lawsuit tossed out of court.

In simple terms, sovereign immunity means people cannot sue the government without permission.

A judge in Lubbock, so far, allowed the lawsuit to keep going. But TxDOT, unsatisfied with that development, took the case to the Seventh Court of Appeals in Amarillo – trying to get it stopped even before it ever goes to trial. The appeals court will need to hear from both sides before it gives a ruling.

TxDOT’s appeal was filed on March 31 – also the day Bernard’s was open.

“What the state did contributed directly to our shutting down. There’s the financials – everything that we provided that supports that,” Thrash said.

“It’s just absolute cowardice that the state, in particular TxDot, is trying to hide behind sovereign immunity to avoid taking responsibility for what they clearly did to us. … I’m just absolutely fed up with government agencies not being held accountable for their actions,” Thrash said.

Meeting obligations

The store used to be “swamped” with customers, Thrash’s wife, Herrlinda, told us more than year ago – referring to a time before the overpass project was announced.

“I would say we’ve lost about 98 percent of our business and I’m not exaggerating,” she said at that time.

Thrash spoke to LubbockLights.com from El Paso.

“I’m an army officer in the reserves. One of the things I’m going to be doing here – the next year – is in order for us to be able to make ends meet, I guess, I’m going to take a mobilization so that we can continue to meet our financial obligations,” Thrash said.

Thrash called upon local leaders to demand an audit of late projects in the Lubbock district of TxDOT.

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Author: James Clark- James Clark is the associate editor of Lubbock Lights. He worked in radio, television and digital media for a combined total of more than 30 years. He was Director of Digital News Content at KAMC, KLBK and EverythingLubbock.com for nearly 10 years.

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