ORDER OF PUBLICATION
IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA
CIVIL ACTION NO. 24-C
JEFF YANERO,
PLAINTIFF,
VS.
STAR CONSTRUCTION, LLC, f/k/a
STAR CONSTRUCTION, INC., d/b/a
DYCOM INDUSTRIES, INC.; KANAAN
COMMUNICATIONS, LLC; COMCAST;
and/or JOHN DOE PERSONS AND/OR
ENTITIES,
DEFENDANTS.
That the object of the above-styled claim is to obtain judgment against the Defendants, Star Construction, LLC, f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc.; Kanaan Communications, LLC; Comcast; and/or John Doe Persons and/or Entities, jointly and severally where allowable by law, for compensatory damages in an amount in excess of the jurisdictional threshold of the Court and sufficient to make the plaintiff whole for his injuries and/or damages; for punitive damages in an amount in excess of the jurisdictional threshold of the Court and sufficient to punish the defendants for their conduct and/or dissuade the defendants or others similarly situated from acting similarly in the future; for attorney’s fees and costs, where allowable by law; for pre- and post-judgment interest, where allowable by law; and for such additional favorable relief as the Court deems just and appropriate.
Upon information and belief, the defendant, Comcast, is an unknown business entity commonly known by the general public and/or informally referred to as “Comcast” or “Xfinity” and licensed to conduct business in the State of West Virginia collectively and/or individually as one or more of the numerous Comcast or “Xfinity” business entities registered with the West Virginia Secretary of State but whose precise corporate identity is not known to the plaintiff, nor can it be ascertained with the exercise of reasonable diligence.
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 names are unknown to the plaintiffs and who are made defendants by the general description of John Doe Persons and/or Entities.
Defendants, John Doe Persons and/or Entities, are any and all persons and/or entities who are unknown to the plaintiff and who may have in any manner been involved in the underlying events leading to the plaintiff’s injuries and/or damages and which include, but are certainly not limited to: the property corporate designation and/or title of any defendant; principals, agents and/or representatives of the defendants; partners, joint venturers, and/or joint enterprisers of the defendants; any and all parent, sister, and/or wholly-owned subsidiary companies of the defendants; the proper corporate designation for defendant Comcast; any and all predecessors-in-interest and/or successors-in-interest of defendants; any and all persons and/or, any and all persons and/or entities that have an ownership or control over Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc.; Kanaan Communications, LLC; Comcast; and/or John Doe Persons and/or Entities, and other persons and/or entities are directly, indirectly and/or vicariously liable to the plaintiff for the matters set forth hereinbelow.
Upon information and belief, defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc.; Kanaan Communications, LLC; Comcast; and/or John Doe Persons and/or Entities, at all times material and relevant, were engaged in a joint venture and/or joint business enterprise for profit and/or otherwise occupied a principal and/or agency relationship, express, implied or ostensible, amongst each other.
Upon information and belief, defendants Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, installed an underground communication trunk line, cable or pipe across the plaintiff’s yard at said property using a horizontal boring machine.
Unbeknownst to the plaintiff, Jeff Yanero, at the time that defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, installed the aforementioned underground communication trunk line, cable or pipe across the plaintiff’s yard at said property using a horizontal boring machine, they bored through an underground drain line for the plaintiff’s sump pump approximately 100 feet from the basement of the subject home.
As a result of the damages caused by defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, on or about April 1,2022, the plaintiff, Jeff Yanero, suffered a significant flooding event in his basement due to the cycling of water back into his basement from the subject sump pump, the line for which was severed by the defendants.
During excavation work following the flooding, it was revealed to the plaintiff, Jeff Yanero, that his sump pump drain line had been severed in half by the work previously done by defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities.
The severing of the subject sump pump drain line by the installation of defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, is clearly evinced by the photograph identified as Exhibit 1 in the Complaint herein.
As the result of the subject flooding caused to the plaintiff’s home by the defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, the plaintiff, Jeff Yanero, suffered damage to his property, basement, basement drywall and wall studs, and/or other real or personal property.
As a result of the subject flooding caused to the plaintiff’s home by the defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, the plaintiff, Jeff Yanero, was forced to excavate, remove and reinstall the entire sump pump discharge line on the subject property.
The defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, owed the plaintiff, Jeff Yanero, a duty of ordinary and/or reasonable care not to cause damage to his property and/or to otherwise refrain from reckless conduct.
The defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, breached those duties owed the plaintiff, Jeff Yanero.
A presumption of negligent and/or reckless conduct arises against Defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, under the doctrine of Res Ispa Loquitur.
The defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, did commit negligence and/or reckless conduct against the plaintiff, Jeff Yanero.
The plaintiff, Jeff Yanero, is not comparatively at fault for his injuries or damages.
As a direct and proximate result of the negligent and/or reckless conduct of the defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, the plaintiff, Jeff Yanero, did suffer damages for which he should be compensated, including, but not limited to, property damage, costs of repair, costs of replacement, economic loss, loss of use, annoyance, inconvenience, emotional distress, and other general and/or special damages.
The damages caused to the plaintiff, Jeff Yanero, were the result of acts and/or omissions done by the defendants, Star Construction, LLC f/k/a Star Construction, Inc., d/b/a Dycom Industries, Inc., Kanaan Communications, LLC, Comcast, and/or John Doe Persons and/or Entities, with actual malice and/or a conscious, reckless, and outrageous indifference to the health, safety and/or welfare of the plaintiff and/or other such that an award of punitive damages is proper in order to punish the defendants and/or dissuade the defendants or others similarly situated from acting similarly in the future.
That the name, identity, and address of these Defendants, Comcast, and John Doe Persons and/or Entitles, is unknown to Plaintiff.
And it appearing by an affidavit filed in this action that Defendants, Comcast and/or John Doe Persons and/or Entities, are any and all persons and/or entities who are unknown to the plaintiff but who may be liable to him for the damages to his home and/or property including, but not limited to, principals of the defendants, and other persons and/or entities are directly, indirectly and/or vicariously liable to the plaintiff for the damages caused to him and described hereinbelow, and they do serve upon JOHN R. ANGOTTI, DAVID J. STRAFACE, and CHAD C. GROOME whose address is 274 Spruce Street, Morgantown, WV 26505, an answer or other defense to the complaint filed in this action on or before April 20, 2024, otherwise judgement 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 this 14th day of March, 2024.
Clerk of Court
E-FILED | 3/14/2024 1:38 PM
CC-24-2024-C-49
Marion County Circuit Clerk
Belinda Biafore
ID: 782924