NEW CUMBERLAND – A municipal agency is seeking damages after sanitary lines were allegedly damaged by a company during slag removal.
Weirton Sanitary Board filed a complaint in Hancock Circuit Court against Metal Services LLC, Phoenix Services International LLC and Starvaggi Industries Inc. alleging negligence.
According to the complaint, in 1970, Starvaggi acquired a property in Hancock County where the plaintiff had installed a sanitary line and/or sewer main line under the roadway on the property. The suit states Starvaggi leased the property to Metal Services and that from 2009 to the present, Phoenix Services has conducted slag removal and/or slag recycling there.
The suit states on and before Oct. 21, 2016, Phoenix Services mined or removed a large amount of slag and other materials from the property, which damaged the plaintiff's sanitary lines.
The plaintiff requests a trial by jury and seeks judgment against the defendants for all damages, interest and any further relief the court grants. It is represented by Daniel J. Guida of Guida Law Office in Weirton and Mark A. Colantonio of Fitzsimmon Law Firm PLLC in Wheeling. The case has been assigned to Circuit Judge David J. Sims.
Hancock Circuit Court case number 17-C-144-S