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Copyright 2014 The Columbus Dispatch
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A federal judge has tossed out a Pennsylvania company's lawsuit against the Franklin County commissioners in connection with the construction of Huntington Park Downtown.

U.S. District Judge George C. Smith dismissed on Thursday the civil suit filed by W.G. Tomko Inc. of Finleyville.

Tomko installed plumbing at the baseball stadium under a $2.6 million contract with the county. After the installation, the company spent more than $2 million to make repairs, according to the lawsuit filed a year ago.

Tomko claimed that the repairs were a result of the plumbing being vandalized. Tomko filed for reimbursement from the county's insurance company, Affiliated FM Insurance Co., but the claim was rejected because Tomko was not the insured party, Smith wrote in his dismissal order.

In its lawsuit, Tomko said the county should have immediately filed a claim to have its construction-insurance policy cover the repairs.

Smith wrote that Tomko can sue only in Franklin County Common Pleas Court, according to the contract the company signed with the commissioners.

"Since the suit was filed in federal court contrary to that 'standard forum selection clause,' then Judge Smith properly granted our motion to dismiss," Franklin County Prosecutor Ron O'Brien said Friday. O'Brien's office represented the county in the lawsuit.

Attorneys for Tomko did not respond to requests for comment last week.

Huntington Park opened in 2009.



February 3, 2014


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