ORDER OF PUBLICATION
IN THE CIRCUIT COURT
OF MARION COUNTY,
WEST VIRGINIA
LORI LYNN GILBERT and
BRETT S. GILBERT,
PLAINTIFFS,
VS. CIVIL ACTION NO.
CC-24-2023-C-83
TOWN OF BARRACKVILLE, and
JOHN DOE PERSONS AND/OR ENTITIES, DEFENDANTS.
That the object of the above-styled claim is to obtain judgment against the Defendants as a result of Plaintiffs’ injuries and/or damages to their property and/or structures situated thereupon as a proximate result of acts and/or omissions of the defendants, the Town of Barrackville, and John Doe Persons and/or Entities.
The property and/or home owned and/or possessed by plaintiffs, Lori Lynn Gilbert and Brett S. Gilbert, is located at or near the physical address of 502 Rice Street, Barrackville, Marion County, West Virginia.
The defendants, Town of Barrackville and/or John Doe Persons and/or Entities, did breach said duties of care owed toward the plaintiffs, Lori Lynn Gilbert and Brett S. Gilbert in one or more of the following particulars:
a. Failure to properly design the stormwater drainage system and/or sewer lines;
b. Failure to properly repair the stormwater drainage system and/or sewer lines;
c. Failure to properly maintain and/or monitor the stormwater drainage system and/or sewer lines;
d. Negligent hiring or supervision;
e. Negligent inspection of the stormwater drainage system and/or sewer lines;
f. Engaging in acts and/or omissions the defendants knew or reasonably should have known were likely to cause harm to properties serviced by the subject the stormwater drainage system and/or sewer lines;
g. Failure to use due care generally;
h. The events which occurred are subject to the doctrine of res ipsa loquitur; and/or
i. Other acts and/or omissions hereinafter discovered.
As a direct and proximate result of the foregoing acts of negligence, the plaintiffs, Lori Lynn Gilbert and Brett S. Gilbert, has suffered numerous flooding events; has suffered the backflow of sewerage through their sewer lines, bathtub and commode; has presented significant threats to the plaintiffs’ health, safety and welfare; and has caused the plaintiffs to incur considerable property damages to their home and real property, including environmental issues, damage to the plaintiffs’ finished basement and bathroom, as well as damage to the plaintiffs’ driveway and retaining wall for which they should be compensated, including, but not limited to:
a. Property damages;
b. Costs of repairs;
c. Costs of demolition;
e. Costs of clean up;
f. Costs of remediation and/or
recovery;
g. Costs of reconstruction;
h. Diminution in value of the
home/property;
g. Replacement value of property;
h. Loss of Use;
I. Environmental damages;
j. Annoyance;
k. Inconvenience;
l. Trespass;
m. Exposure to disease and/or
illness-causing sewage and
which may require medical
monitoring;
n. Emotional distress and/or mental
anguish;
o. Economic loss;
p. Expert and/or Engineering fees
and/or litigation costs;
q. Future property damages and/or
losses;
r. Other General and/or special
damages.
The damages suffered by the Plaintiffs were done by the Defendants, Town of Barrackville and John Doe Persons and/or Entities, were done with actual malice toward them and/or a conscious, reckless and outrageous indifference to the health, safety and welfare of the plaintiffs and others entitling the plaintiffs to an award of punitive damages to punish the defendants for their unlawful conduct and to dissuade the defendants and others similarly situated from engaging in similar conduct in the future.
That there are or may be persons, other than those named in the Complaint as defendants, interested in the subject matter of the action, whose identities and/or names are unknown to the plaintiffs and who are made defendants by the general description of John Doe Persons and/or Entities.
That the name and address of these Defendants, John Doe Persons and/or Entitles, is unknown to Plaintiffs.
That these defendants, John Doe Persons and/or Entities, would be and include any and all persons who are unknown to the plaintiffs, who have control or supervision of the Town of Barrackville’s stormwater and/or sewer systems; who were hired or retained by the Town of Barrackville to repair, install, design, maintain and/or monitor the stormwater and/or sewer system for the Town of Barrackville; who are responsible for the maintenance and/or upkeep of the subject storm water and/or sewer systems at issue; who are principals and/or agents of the co-defendants; any and all engineers, contractors, and/or other professionals involved in the design, maintenance and/or repair of the stormwater and/ sewer systems, and/or who may have otherwise been engaged in the repair and/or maintenance of the subject street surface; who are engaged in a joint venture or enterprise with the co-defendants; who are otherwise vicariously liable for the conduct of the co-defendants; and/or who are otherwise directly or indirectly liable for the plaintiffs’ damages.
And it appearing by an affidavit filed in this action that the plaintiffs have used due diligence to ascertain the names and addresses or whereabouts of the “John Doe Persons and/or Entities” and have been unable to ascertain the names and addresses and locate/serve the John Doe Persons and/or Entities.
It is ordered that said unknown defendants do serve upon JOHN R.
ANGOTTI, DAVID J. STRAFACE, CHAD C. GROOME, AND ANGOTTI & STRAFACE, L.C., plaintiffs’ attorneys, whose address is 274 SPRUCE STREET, MORGANTOWN, WEST VIRGINIA 26505, an answer, or other defense to the complaint filed in this action on or before July 3, 2023, otherwise judgment by default will be taken against defendants at any time thereafter. A copy of said complaint can be obtained from the undersigned Clerk at her office.
ENTERED by the Clerk of said Court June 1, 2023.
/s/ RHONDA STARN,
CLERK OF COURT
ID: 712876