Frazier v. Department of Highways

West Virginia Court of Claims

Frazier v. Department of Highways

12 Ct. Cl. 69

CourtWest Virginia Court of Claims

DecidedJanuary 6, 1978

DocketNo. CC-77-201

StatusPublished

This text of 12 Ct. Cl. 69 (Frazier 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

Frazier v. Department of Highways, 12 Ct. Cl. 69 (W. Va. Super. Ct. 1978).

Pincite

Opinion

PER CURIAM:

This claim was submitted for decision on the agreed facts set forth in a written stipulation, which revealed the following: that on September 19, 1977, respondent was engaged in the repair of a portion of 1-64 near the Ona Exchange and had routed traffic on 1-64 onto the exit ramp at the exchange; that respondent had knowledge of a large hole on the paved portion of the ramp but had made no repairs and had failed to erect any warning signs; that on September 19, 1977, at about 6:30 a.m., the claimant was directed onto the ramp by respondent; that the claimant was exercising due care but did not observe the hole until it was impossible to stop and avoid striking the same; and that as a proximate result of respondent’s negligence, the claimant’s vehicle struck the hole and was damaged to the extent of $160.48. By reason of the foregoing, and believing that the amount of damages is fair and reasonable, we hereby make an award in favor of the claimant in the amount of $160.48.

Award of $160.48.

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PER CURIAM:

This claim was submitted for decision on the agreed facts set forth in a written stipulation, which revealed the following: that on September 19, 1977, respondent was engaged in the repair of a portion of 1-64 near the Ona Exchange and had routed traffic on 1-64 onto the exit ramp at the exchange; that respondent had knowledge of a large hole on the paved portion of the ramp but had made no repairs and had failed to erect any warning signs; that on September 19, 1977, at about 6:30 a.m., the claimant was directed onto the ramp by respondent; that the claimant was exercising due care but did not observe the hole until it was impossible to stop and avoid striking the same; and that as a proximate result of respondent’s negligence, the claimant’s vehicle struck the hole and was damaged to the extent of $160.48. By reason of the foregoing, and believing that the amount of damages is fair and reasonable, we hereby make an award in favor of the claimant in the amount of $160.48.

Award of $160.48.

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Bluebook (online)

12 Ct. Cl. 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-department-of-highways-wvctcl-1978.