Budget Rent-A-Car of Cleveland, Inc. v. Department of Natural Resources

West Virginia Court of Claims

Budget Rent-A-Car of Cleveland, Inc. v. Department of Natural Resources

9 Ct. Cl. 37

CourtWest Virginia Court of Claims

DecidedDecember 10, 1971

DocketNo. D-474

StatusPublished

This text of 9 Ct. Cl. 37 (Budget Rent-A-Car of Cleveland, Inc. v. Department of Natural Resources) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Budget Rent-A-Car of Cleveland, Inc. v. Department of Natural Resources, 9 Ct. Cl. 37 (W. Va. Super. Ct. 1971).

Pincite

Opinion

PETROPLUS, JUDGE:

The above captioned claim was submitted on the Complaint and Answer filed thereto.

The Respondent admits that on August 20, 1970, a Ford Station Wagon owned by the Claimant and driven by Sam Luca, while crossing a cattle guard entrance to a campground at Respondent’s Watoga State Park, was struck and damaged by a rail of the cattle guard which was loose, resulting in repairs to an exhaust pipe in front of the muffler in the amount of $44.59. No question of contributory negligence is raised by the Answer and it is admitted that the cattle guard was under the care and control of Respondent’s employees at Watoga State Park.

The Answer further states that the Respondent believes the claim to be valid and no hearing is requested.

The Court is of the opinion that the claim should be approved and an award is accordingly made to the Claimant in the amount of $44.59.

Claim allowed in the amount of $44.59.

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PETROPLUS, JUDGE:

The above captioned claim was submitted on the Complaint and Answer filed thereto.

The Respondent admits that on August 20, 1970, a Ford Station Wagon owned by the Claimant and driven by Sam Luca, while crossing a cattle guard entrance to a campground at Respondent’s Watoga State Park, was struck and damaged by a rail of the cattle guard which was loose, resulting in repairs to an exhaust pipe in front of the muffler in the amount of $44.59. No question of contributory negligence is raised by the Answer and it is admitted that the cattle guard was under the care and control of Respondent’s employees at Watoga State Park.

The Answer further states that the Respondent believes the claim to be valid and no hearing is requested.

The Court is of the opinion that the claim should be approved and an award is accordingly made to the Claimant in the amount of $44.59.

Claim allowed in the amount of $44.59.

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Bluebook (online)

9 Ct. Cl. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budget-rent-a-car-of-cleveland-inc-v-department-of-natural-resources-wvctcl-1971.