Gillispie v. Department of Highways

West Virginia Court of Claims

Gillispie v. Department of Highways

12 Ct. Cl. 248

CourtWest Virginia Court of Claims

DecidedJanuary 9, 1979

DocketNo. CC-78-153

StatusPublished

This text of 12 Ct. Cl. 248 (Gillispie 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

Gillispie v. Department of Highways, 12 Ct. Cl. 248 (W. Va. Super. Ct. 1979).

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Opinion

WALLACE, JUDGE:

The claimants, who reside on West Virginia Route 214 at Alum Creek, seek recovery of $99.13, such sum being the cost of repair of damage to the gas tank of their automobile. Teresa K. Gillispie testified that the respondent graded the road on June 12, 1978, and that at about 7:00 a.m. on June 13, 1978, her husband, while backing their car into their driveway at a point near the road, struck a large rock which had been knocked to that location by the grader and left there. No evidence was offered on behalf of the respondent. The evidence impels the Court to conclude that the accident was caused by negligence on the part of the respondent without contributory negligence on the part of the claimants. Accordingly, an award in the sum of $99.13 is hereby made.

Award of $99.13.

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WALLACE, JUDGE:

The claimants, who reside on West Virginia Route 214 at Alum Creek, seek recovery of $99.13, such sum being the cost of repair of damage to the gas tank of their automobile. Teresa K. Gillispie testified that the respondent graded the road on June 12, 1978, and that at about 7:00 a.m. on June 13, 1978, her husband, while backing their car into their driveway at a point near the road, struck a large rock which had been knocked to that location by the grader and left there. No evidence was offered on behalf of the respondent. The evidence impels the Court to conclude that the accident was caused by negligence on the part of the respondent without contributory negligence on the part of the claimants. Accordingly, an award in the sum of $99.13 is hereby made.

Award of $99.13.

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Bluebook (online)

12 Ct. Cl. 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillispie-v-department-of-highways-wvctcl-1979.