City responds to negligence refiling

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The City of Weatherford has filed a response to an amended petition regarding a negligence case filing in Custer County District Court.

According to court documents, the filing this past Friday denies certain claims made by Jasmine Digital Graphics, LLC, John Christopher Henson, Misti Dawn Miller, Joshua Andrew Francis, William Ronald Hoffman, Rebecca Irene Smith and Jessie Mars-Walling.

The negligence claim alleges 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.

The lawsuit claims three separate incidents, two of which were denied tort claims by the Weatherford City Commission.

The Weatherford Daily News reported about the amended petition in the June 20 Weekender edition.

In the response filing, the City of Weatherford claims the name of the company on the lawsuit is not the correct name of the business. The filing says the name is Jasmine Digital Graphics LLC, while the city claims the name is Jasmine Digital Graphics and Design.

The amended lawsuit claims the city attempted repairs on the sewer system on and around the Jasmine property after the city received notice of one of the three events. In the city’s response, court records indicate the claim filed by Jasmine “does not sufficiently identify the sewer system at or on the subject property that was allegedly repaired.”

The city also claims Jasmine, et. al., did not commence their civil action on or before July 30, 2019.

The city claims Francis, Hoffman an Miller have “failed to state a claim for nuisance because they hold no estate in property allegedly subjected to a private nuisance.”

Parties are due back in court July 6 for a status hearing.