Clay v. Department of Highways

West Virginia Court of Claims

Clay v. Department of Highways

14 Ct. Cl. 115

CourtWest Virginia Court of Claims

DecidedFebruary 2, 1982

DocketCC-81-397

StatusPublished

This text of 14 Ct. Cl. 115 (Clay 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

Clay v. Department of Highways, 14 Ct. Cl. 115 (W. Va. Super. Ct. 1982).

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Opinion

PER CURIAM:

This claim was submitted upon a written stipulation to the effect that the respondent is liable for damages in the sum of $150.00 as the result of an accident which occurred on or about September 22, 1981. At approximately 12:10 p.m. on that date, claimant was operating his 1980 Datsun pickup truck on West Virginia Route 16, a highway owned and maintained by the respondent, in Crab Orchard, West Virginia.

In the course of this travel, claimant’s vehicle passed over a drain culvert cover which flipped up and damaged the truck’s frame and emergency brake cable. This occurred because of the negligence of the respondent in not securing the culvert cover, proximately causing the damages suffered by the claimant.

Based on the foregoing facts, an award is made to the claimant in the amount stipulated by the parties.

Award of $150.00.

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PER CURIAM:

This claim was submitted upon a written stipulation to the effect that the respondent is liable for damages in the sum of $150.00 as the result of an accident which occurred on or about September 22, 1981. At approximately 12:10 p.m. on that date, claimant was operating his 1980 Datsun pickup truck on West Virginia Route 16, a highway owned and maintained by the respondent, in Crab Orchard, West Virginia.

In the course of this travel, claimant’s vehicle passed over a drain culvert cover which flipped up and damaged the truck’s frame and emergency brake cable. This occurred because of the negligence of the respondent in not securing the culvert cover, proximately causing the damages suffered by the claimant.

Based on the foregoing facts, an award is made to the claimant in the amount stipulated by the parties.

Award of $150.00.

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Bluebook (online)

14 Ct. Cl. 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-department-of-highways-wvctcl-1982.