Delgrande v. Division of Highways

West Virginia Court of Claims

Delgrande v. Division of Highways

18 Ct. Cl. 145

West Virginia Court of Claims·Decided March 14, 1991·No. CC-90-325·Published

Opinion

PER CURIAM:

On or about August 30, 1990, claimant was attempting to cross a bridge located on Nemours Road designated as 52/6 located in Mercer County. As he was proceeding across the wooden deck that was missing a plank, he damaged a tire. Claimant immediately notified the respondent of the incident.

Claimant and respondent have stipulated the facts of the claim and have reached an agreed amount of $102.82 for damage sustained by claimant's vehicle.

[146] Testimony indicates that respondent had actual and constructive notice of the faulty board, but did not repair it in a timely manner. Accordingly, the claimant has met his burden of proof. The Court makes an award in the stipulated amount of $102.82.

Award of $102.82.

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PER CURIAM:

On or about August 30, 1990, claimant was attempting to cross a bridge located on Nemours Road designated as 52/6 located in Mercer County. As he was proceeding across the wooden deck that was missing a plank, he damaged a tire. Claimant immediately notified the respondent of the incident.

Claimant and respondent have stipulated the facts of the claim and have reached an agreed amount of $102.82 for damage sustained by claimant's vehicle.

[146] Testimony indicates that respondent had actual and constructive notice of the faulty board, but did not repair it in a timely manner. Accordingly, the claimant has met his burden of proof. The Court makes an award in the stipulated amount of $102.82.

Award of $102.82.

Delgrande v. Division of Highways, 18 Ct. Cl. 145 (W. Va. Super. Ct. 1991).

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