Harleysville Mutual Insurance v. Department of Highways

West Virginia Court of Claims

Harleysville Mutual Insurance v. Department of Highways

9 Ct. Cl. 34

CourtWest Virginia Court of Claims

DecidedNovember 16, 1971

DocketNo. D-484

StatusPublished

This text of 9 Ct. Cl. 34 (Harleysville Mutual Insurance 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.

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Harleysville Mutual Insurance v. Department of Highways, 9 Ct. Cl. 34 (W. Va. Super. Ct. 1971).

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Opinion

DUCKER, JUDGE:

Harleysville Mutual Insurance Company, a corporation, of Baltimore, Maryland, as subrogee of Lena Nancy Shaver, claims $226.88 for damages done to the automobile of the Claimant’s insured, Lena Nancy Shaver, who was driving her automobile on U. S. Route 220 about six miles east of Franklin, Pendleton County, West Virginia, resulting from debris falling upon her automobile when the Highway Department was blasting rock without proper warning signals having been given to motorists there upon the highway.

The facts, including the reasonableness of the costs of repairs, were admitted by the pleadings, and as the loss was undoubtedly occasioned by the negligence of the Highway Department’s employees, we are of the opinion to and do award the Claimant the sum of $226.88.

Award of $226.88.

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DUCKER, JUDGE:

Harleysville Mutual Insurance Company, a corporation, of Baltimore, Maryland, as subrogee of Lena Nancy Shaver, claims $226.88 for damages done to the automobile of the Claimant’s insured, Lena Nancy Shaver, who was driving her automobile on U. S. Route 220 about six miles east of Franklin, Pendleton County, West Virginia, resulting from debris falling upon her automobile when the Highway Department was blasting rock without proper warning signals having been given to motorists there upon the highway.

The facts, including the reasonableness of the costs of repairs, were admitted by the pleadings, and as the loss was undoubtedly occasioned by the negligence of the Highway Department’s employees, we are of the opinion to and do award the Claimant the sum of $226.88.

Award of $226.88.

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9 Ct. Cl. 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harleysville-mutual-insurance-v-department-of-highways-wvctcl-1971.