ORDER OF PUBLICATION
IN THE CIRCUIT COURT OF DODDRIDGE COUNTY, WEST VIRGINIA
NANCY SMARR,
PLAINTIFF,
VS. CIVIL ACTION NO. 22-C- 12
TOWN OF WEST UNION and
JOHN DOE PERSONS AND/OR
ENTITIES,
DEFENDANTS.
That the object of the above-styled claim is to obtain judgment
against the Defendants for compensatory damages in excess of the jurisdictional threshold of the Court in an amount sufficient to make Plaintiff whole for the injuries and damages she sustained as a result of the Defendants’:
a. Failure to properly design sewer line;
b. Failure to properly repair sewer line;
c. Failure to properly maintain and/or monitor sewer line;
d. Negligent hiring or supervision;
e. Negligent inspection of sewer line;
f. Engaging in acts and/or omissions the defendants know or reasonably should know were likely to cause harm to properties serviced by the subject sewer line(s);
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.
2. As a direct and proximate result of the foregoing negligence of defendants, Town of West Union and John Doe Persons and/or Entities, the plaintiff, Nancy Smarr, suffered injuries and/or damages for which she should be compensated, including, but certainly not limited to, property damages; costs of repairs; costs of demolition; costs of clean up; remediation and/or recovery; cost of reconstruction; diminution of value of property; replacement value of property; loss of use; annoyance; inconvenience; trespass; exposure to disease and/or illness-causing sewage and which may require medical monitoring; emotional distress and/or mental anguish; economic loss; and other general and/or special damages; together with attorney’s fees and costs where allowable by law, for pre-judgment and post-judgment interest where allowable by law, and for such additional favorable relief as the Court deems just and appropriate.
3. 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 Plaintiff and who are made defendants by the general description of John Doe Persons and/or entities.
4. That the name and address of these Defendants, John Doe Persons and/or Entities, is unknown to Plaintiff.
5. The Defendants, John Doe Persons and/or Entities, are all persons and/or entities, if any, unknown to the Plaintiff who have control or supervisor of the Town of West Union sewer systems; who were hired or retained by the Town of West Union to repair, install, design, maintain and/or monitor the sewer system for the Town of West Union, who are responsible for the maintenance and/or upkeep of the subject sewer line(s) at issue; who are principals and/or agents of the co-defendants, 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 Plaintiff’s damages.
And it appearing by an affidavit filed in this action that the plaintiff has used due diligence to ascertain the names and addresses or whereabouts of the “John Doe Persons and/or Entities” and has been unable to ascertain the names and addresses and locate/serve the John Doe Persons and/or Entities.
It is ordered that said John Doe Persons and/or Entities do serve upon JOHN R. ANGOTTI, ESQ., DAVID J. STRAFACE, CHAD C. GROOME, AND ANGOTTI & STRAFACE, L.C., plaintiff’s attorney, 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 DECEMBER 15, 2022, 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’s office.
ENTERED by the Clerk of said Court November 14, 2022.
/S/ MICHELE D. BRITTON
DODDRIDGE COUNTY CIRCUIT
CLERK OF COURT
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION
Division of Highways
NOTICE TO CONTRACTORS
Bids will be received electronically by the West Virginia Department of Transportation Division of Highways through the Bid Express Bidding Service (www.bidx.com) and by sealed proposals (only when prequalification is waived) being received at its office in Building 5, Room 843, 1900 Kanawha Boulevard East, Charleston, West Virginia until January 10, 2023 at 10:00 AM (Eastern Standard Time). The bids will be downloaded and/or opened and read publicly thereafter for the constructions of the following project(s):
Call Contract State Project Federal Project Description
007 2020000698 S309-18-22.69 00 STP-0018(140)D RESURFACING
SHORTY FORD RD – TYLER CO LINE
SHORTY FORD RD – TYLER CO LINE
County: DODDRIDGE
DBE GOAL: 9 % OF CONTRACT BID AMOUNT. BIDDER MUST PROVIDE WRITTEN ASSURANCE OF MEETING GOAL ON FORM IN PROPOSAL.
REMARKS:
Proposals will be received from prequalified and West Virginia licensed contractors only except that on Federal-Aid
Projects a contractors’ license is not required at time of
bid, but will be required before work can begin. Registration is required with the Department of Administration, Division of Purchasing, in accordance with Chapter 5A, Article 3, Section 12 of the West Virginia Code. All contractors submitting bids on project(s) must submit electronically with their bid a Proposal Guaranty Bond for $500.00 or 5% of the
total bid, whichever is greater.
The West Virginia Department of Transportation Division of Highways reserves the right to defer, delay or postpone the date for receiving and publicly opening proposals for any project designated in this advertisement, without the necessity of renewing such advertisement. The deferment, delay, postponement, and the date that proposals will be received and publicly opened will be available on www.bidx.com.
The West Virginia Department of Transportation Division of Highways hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex or national origin in consideration for an award.
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION
Division of Highways
NOTICE TO CONTRACTORS
Bids will be received electronically by the West Virginia Department of Transportation Division of Highways through the Bid Express Bidding Service (www.bidx.com) and by sealed proposals (only when prequalification is waived) being received at its office in Building 5, Room 843, 1900 Kanawha Boulevard East, Charleston, West Virginia until December 13, 2022 at 10:00 AM (Eastern Standard Time). The bids will be downloaded and/or opened and read publicly hereafter for the constructions of the following project(s):
Call Contract State Project Federal Project Description
004 2020000062 S309-50-1.30 00 NHPP-0050(377)DTC RESURFACING
Midpoint
Greenwood – Arnolds Run
COUNTY: DODDRIDGE
DBE GOAL: 6 % OF CONTRACT BID AMOUNT. BIDDER MUST PROVIDE WRITTEN ASSURANCE OF MEETING GOAL ON FORM IN PROPOSAL.
REMARKS:
Proposals will be received from prequalified and West Virginia licensed contractors only except that on Federal-Aid Projects a contractors’ license is not required at time of bid, but will be required before work can begin. Registration is required with the Department of Administration, Division of Purchasing, in accordance with Chapter 5A, Article 3, Section 12 of the West Virginia Code. All contractors submitting bids on project(s) must submit electronically with their bid a Proposal Guaranty Bond for $500.00 or 5% of the total bid, whichever is greater.
The West Virginia Department of Transportation Division of Highways reserves the right to defer, delay or postpone the date for receiving and publicly opening proposals for any project designated in this advertisement, without the necessity of renewing such advertisement. The deferment, delay, postponement, and the date that proposals will be received and publicly opened will be available on www.bidx.com.
The West Virginia Department of Transportation Division of Highways hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex or national origin in consideration for an award.