Johnson v. Department of Highways

West Virginia Court of Claims

Johnson v. Department of Highways

12 Ct. Cl. 98

CourtWest Virginia Court of Claims

DecidedFebruary 10, 1978

DocketNo. CC-77-146

StatusPublished

This text of 12 Ct. Cl. 98 (Johnson 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

Johnson v. Department of Highways, 12 Ct. Cl. 98 (W. Va. Super. Ct. 1978).

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Opinion

RULEY, JUDGE:

Claimant’s 1956 Volkswagen bus was taken from his property and crushed by respondent under the auspices of the REAP [99]*99program. Respondent admits that it failed to follow proper statutory procedures which would have allowed claimant to reclaim his vehicle. Thus, respondent admits liability. This hearing was held solely on the issue of damages.

The standard measure of damages for injury to personal property is the loss of fair market value, plus reasonable and necessary expenses incurred by the owner in connection with the injury. Cato v. Silling, 137 W. Va. 694, 73 S.E.2d 731 (1952). The bus was a total loss. Claimant testified that the bus was operable when taken, and worth $900.00, based on his experience with similar vehicles. Respondent offered no evidence to the contrary. Accordingly, an award of $900.00 should be, and is hereby, made.

Award of $900.00 to claimant.

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RULEY, JUDGE:

Claimant’s 1956 Volkswagen bus was taken from his property and crushed by respondent under the auspices of the REAP [99]*99program. Respondent admits that it failed to follow proper statutory procedures which would have allowed claimant to reclaim his vehicle. Thus, respondent admits liability. This hearing was held solely on the issue of damages.

The standard measure of damages for injury to personal property is the loss of fair market value, plus reasonable and necessary expenses incurred by the owner in connection with the injury. Cato v. Silling, 137 W. Va. 694, 73 S.E.2d 731 (1952). The bus was a total loss. Claimant testified that the bus was operable when taken, and worth $900.00, based on his experience with similar vehicles. Respondent offered no evidence to the contrary. Accordingly, an award of $900.00 should be, and is hereby, made.

Award of $900.00 to claimant.

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12 Ct. Cl. 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-department-of-highways-wvctcl-1978.

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