Funk v. Department of Highways

West Virginia Court of Claims

Funk v. Department of Highways

13 Ct. Cl. 263

CourtWest Virginia Court of Claims

DecidedOctober 10, 1980

DocketCC-80-256

StatusPublished

This text of 13 Ct. Cl. 263 (Funk 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

Funk v. Department of Highways, 13 Ct. Cl. 263 (W. Va. Super. Ct. 1980).

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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 $316.00. On or about June 6,1980, claimant was operating her 1974 Audi 100 LS on the Omar Bridge near Omar, Logan County, West Virginia, which bridge is owned and maintained by the respondent.

Claimant’s vehicle struck a hole in the bridge, which had previously been covered by a metal plate. Damaged were the right front and rear tires and a rim. In addition, the vehicle was knocked out of alignment.

The respondent’s negligence in failing to properly secure the metal plate was the proximate cause of the damages suffered by the claimant. Accordingly, the Court makes an award to the claimant in the amount of $316.00.

Award of $316.00.

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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 $316.00. On or about June 6,1980, claimant was operating her 1974 Audi 100 LS on the Omar Bridge near Omar, Logan County, West Virginia, which bridge is owned and maintained by the respondent.

Claimant’s vehicle struck a hole in the bridge, which had previously been covered by a metal plate. Damaged were the right front and rear tires and a rim. In addition, the vehicle was knocked out of alignment.

The respondent’s negligence in failing to properly secure the metal plate was the proximate cause of the damages suffered by the claimant. Accordingly, the Court makes an award to the claimant in the amount of $316.00.

Award of $316.00.

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Bluebook (online)

13 Ct. Cl. 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funk-v-department-of-highways-wvctcl-1980.