W.Va. DOT blames metal services business for botched highway project

By Philip Gonzales | Jul 3, 2018

NEW CUMBERLAND — The state transportation department is suing a metal services business, alleging negligence in a Hancock County roadway project.

The West Virginia Department of Transportation, Division of Highways filed a complaint May 15 in Hancock Circuit Court against Metal Services LLC, doing business as Phoenix Services LLC and Starvaggi Industries alleging failure to ensure that a roadway would have adequate lateral and/or subjacent support.

According to the complaint, on Oct. 21, 2016, the department suffered loss of use of a Hancock County roadway, experienced costs to repair it, costs associated with the condemnation proceedings and other damages. The plaintiff alleges the defendants breached their duties to exercise due care in the removal of slag, earth, soil and other materials from their property adjacent the the roadway.

The The West Virginia Department of Transportation, Division of Highways seeks trial by jury, judgment, jointly and severally, for all damages, pre- and post-judgment interest, and all other just and proper relief. It is represented by attorney Stacy A. Jacques of the West Virginia Department of Transportation Division of Highways Legal Division in Charleston.

Hancock Circuit Court case number 18-C-53

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Hancock Circuit Court West Virginia Department of Transportation, Division of Highways

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