Holloway ex rel. Holloway v. Department of Highways

West Virginia Court of Claims

Holloway ex rel. Holloway v. Department of Highways

15 Ct. Cl. 33

CourtWest Virginia Court of Claims

DecidedOctober 21, 1983

DocketCC-83-12

StatusPublished

This text of 15 Ct. Cl. 33 (Holloway ex rel. Holloway 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

Holloway ex rel. Holloway v. Department of Highways, 15 Ct. Cl. 33 (W. Va. Super. Ct. 1983).

Pincite

Opinion

WALLACE, JUDGE:

On November 9, 1982, at approximately 7:45 p.m., claimant Clyde Holloway was driving a 1973 Dodge which is titled in his daughter’s name, on State Route 19/73 in Fairmont, Marion County, West Virginia. As he drove under a State maintained bridge, a piece of concrete fell from the bridge damaging the vehicle in the amount of $1,252.57. Claimant testified that he saw the concrete as it fell from the bridge. He stated that the bridge “is in bad shape.” There is wire fencing under the bridge to catch debris, but claimant stated that the material had gotten so heavy it had fallen through the wire.

While the State is neither an insurer nor a guarantor of the safety of travelers on its highways, the respondent has a duty of using reasonable care to keep roadways and bridges in reasonably safe condition. See Lynch v. Dept. of Highways, 13 Ct.Cl. 187 (1980). Based on the evidence presented, the Court concludes that respondent has been negligent in the maintenance of the bridge in question. The Court, therefore, makes an award in the amount of $1,252.57.

Award of $1,252.57.

Free access — add to your briefcase to read the full text and ask questions with AI

WALLACE, JUDGE:

On November 9, 1982, at approximately 7:45 p.m., claimant Clyde Holloway was driving a 1973 Dodge which is titled in his daughter’s name, on State Route 19/73 in Fairmont, Marion County, West Virginia. As he drove under a State maintained bridge, a piece of concrete fell from the bridge damaging the vehicle in the amount of $1,252.57. Claimant testified that he saw the concrete as it fell from the bridge. He stated that the bridge “is in bad shape.” There is wire fencing under the bridge to catch debris, but claimant stated that the material had gotten so heavy it had fallen through the wire.

While the State is neither an insurer nor a guarantor of the safety of travelers on its highways, the respondent has a duty of using reasonable care to keep roadways and bridges in reasonably safe condition. See Lynch v. Dept. of Highways, 13 Ct.Cl. 187 (1980). Based on the evidence presented, the Court concludes that respondent has been negligent in the maintenance of the bridge in question. The Court, therefore, makes an award in the amount of $1,252.57.

Award of $1,252.57.

Cite This Page — Counsel Stack

Bluebook (online)

15 Ct. Cl. 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holloway-ex-rel-holloway-v-department-of-highways-wvctcl-1983.

Opinion

Related

Cite This Page — Counsel Stack