Capinpin v. Department of Highways

West Virginia Court of Claims

Capinpin v. Department of Highways

14 Ct. Cl. 299

CourtWest Virginia Court of Claims

DecidedDecember 7, 1982

DocketCC-82-158

StatusPublished

This text of 14 Ct. Cl. 299 (Capinpin v. Department of Highways) 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

Capinpin v. Department of Highways, 14 Ct. Cl. 299 (W. Va. Super. Ct. 1982).

Pincite

Opinion

PER CURIAM:

Claimant sues for $205.54 for damages to his 1980 Chevrolet when it struck a low lying branch on Lucado Street in Charleston, West Virginia. The retractable antenna was broken and had to be replaced. Respondent’s witness, Albert L. Fleshman, Jr., an employee of the Department of Highways, testified that Lucado- Street has been owned and maintained by the City of Charleston since 1959.

The Court cannot conclude from the evidence that the accident was caused by negligence on the part of the respondent and therefore, denies the claim.

Claim disallowed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Claimant sues for $205.54 for damages to his 1980 Chevrolet when it struck a low lying branch on Lucado Street in Charleston, West Virginia. The retractable antenna was broken and had to be replaced. Respondent’s witness, Albert L. Fleshman, Jr., an employee of the Department of Highways, testified that Lucado- Street has been owned and maintained by the City of Charleston since 1959.

The Court cannot conclude from the evidence that the accident was caused by negligence on the part of the respondent and therefore, denies the claim.

Claim disallowed.

Cite This Page — Counsel Stack

Bluebook (online)

14 Ct. Cl. 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capinpin-v-department-of-highways-wvctcl-1982.