Gregory v. Department of Highways

West Virginia Court of Claims

Gregory v. Department of Highways

11 Ct. Cl. 98

CourtWest Virginia Court of Claims

DecidedMarch 4, 1976

DocketNo. D-972

StatusPublished

This text of 11 Ct. Cl. 98 (Gregory 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

Gregory v. Department of Highways, 11 Ct. Cl. 98 (W. Va. Super. Ct. 1976).

Pincite

Opinion

PER CURIAM:

A stipulation was filed in this claim which revealed that during the month of February, 1975, the claimant, while operating his automobile in a prudent and reasonable manner, was involved in an accident on State Route 4 in Cross Lanes, West Virginia, approximately one-half mile from the route’s intersection with West Virginia State Route 62. The stipulation further revealed that the claimant’s vehicle struck a hole or sunken area in the highway which was at least 8 inches deep and that the area was not marked in any manner to give warning of its existence, although the respondent was aware of the condition. Damages in the amount of $35.63 were also stipulated, and being of the opinion that the facts set forth in the stipulation create liability and that the damages are reasonable, we thus make an award in favor of the claimant in the amount of $35.63.

Award of $35.63.

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PER CURIAM:

A stipulation was filed in this claim which revealed that during the month of February, 1975, the claimant, while operating his automobile in a prudent and reasonable manner, was involved in an accident on State Route 4 in Cross Lanes, West Virginia, approximately one-half mile from the route’s intersection with West Virginia State Route 62. The stipulation further revealed that the claimant’s vehicle struck a hole or sunken area in the highway which was at least 8 inches deep and that the area was not marked in any manner to give warning of its existence, although the respondent was aware of the condition. Damages in the amount of $35.63 were also stipulated, and being of the opinion that the facts set forth in the stipulation create liability and that the damages are reasonable, we thus make an award in favor of the claimant in the amount of $35.63.

Award of $35.63.

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Bluebook (online)

11 Ct. Cl. 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-department-of-highways-wvctcl-1976.