After a judge orders dismissal of a case against the City of Weatherford in May, attorneys for the plaintiffs, Jasmine Digital Graphics, et. al., filed an amended petition.
The business entity, along with John Christopher Henson, Misti Dawn Miller, Joshua Andrew Francis, William Ronald Hoffman, Rebecca Irene Smith and Jessie Mars-Walling filed suit against the City of Weatherford for negligence in February of this year.
Mars-Walling and Smith are the owners of the property where Jasmine Digital Graphics LLC, is located at 1519 and 1521 E. Main St. Henson, Miller and Francis are owners and operators of Jasmine Digital Graphics LLC. Hoffman stores personal property at the affected location.
Judge Jill Weedon, May 5, ordered the case to be dismissed by June 5 if the plaintiffs couldn’t meet a stipulation the city mentioned, regarding proper notice given within the timeframe, 1 year, required by state law.
There were previously three tort claims filed with the city in reference to three separate occasions of this happening on the property. The Weatherford Daily News’ last story, the newspaper was told the first of the three tort claims was not filed within the year timeframe required by law.
Upon denial of the two tort claims at the December City Commission meeting, the plaintiffs filed suit against the City of Weatherford. In the petition, each of the seven plaintiffs claimed to have suffered damages in excess of $75,000 for the first cause of action of nuisance, and an additional $75,000 each for the second cause of action of negligence.
According to the petition, the City of Weatherford had a duty to operate the city’s sewage system so as not to create a nuisance to the plaintiffs or the general public. It also had a duty to properly design and construct the sewer system to ensure the system was properly serviced and maintained. It is for these reasons the plaintiffs call for the City of Weatherford to pay for the damages suffered.
In the amended petition, an item was added, stating events occurring in 2018 and 2019 were filed within the year timeframe required.
All filings for the July event, which occurred July 30, 2018, were filed by July 29, 2019. Those reports, included in the filing at exhibits 1-A through 1-G, were signed by Weatherford City Clerk Ashley VanDeburgh, court records indicate.
Exhibits 1-A through 1-G in the filing the Weatherford Daily News obtained, did not include a notarization stamp, court records indicate.
The amended filing includes: the date of loss and contained the date, time, place and circumstances of the claim; the identity of the state agency involved; the amount of compensation or relief demanded; the name address and telephone number of the claimant; and the name, address and telephone number of an agent authorized to settle the claim, court records indicate.
Like the events in July, plaintiffs claim to have filed all material needed for an event in October 8, 2018, within the required timeframe, with all necessary documentation. Attorneys included that documentation in exhibits 2-A through 2-G, court records indicate.
With the exhibit copies the WDN received, every exhibit copy did have the notarization stamp, however the copy of exhibit 2-E did not have the city clerk’s signature.
Like the previous two events, plaintiffs claim to have filed all material needed for the event the in May 2019 within the required timeframe, with all necessary documentation. Attorneys included that documentation in exhibits 3-A through 3-G, court records indicate.
With the exhibit copies the WDN received, all copies had both the city clerk’s signatures and were notarized, court records indicate.
None of the exhibits were filed in February with the original lawsuit.