Lilly v. Department of Highways

West Virginia Court of Claims

Lilly v. Department of Highways

12 Ct. Cl. 153

CourtWest Virginia Court of Claims

DecidedJuly 12, 1978

DocketNo. CC-77-133

StatusPublished

This text of 12 Ct. Cl. 153 (Lilly 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

Lilly v. Department of Highways, 12 Ct. Cl. 153 (W. Va. Super. Ct. 1978).

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Opinion

PER CURIAM:

This claim was submitted for decision on the agreed facts set forth in a written stipulation which revealed that during the year 1971, respondent performed work on Project 6811 on Kanawha County Route 1/4 known as Angel Fork Road in Jefferson District; that respondent’s work blocked a stream on the property of the claimant causing periodic flooding; that claimant’s property was also damaged by a slip caused by work on the project; that respondent had knowledge of the conditions caused by its work but failed to take corrective measures; that claimant employed Lovell Johnson to perform corrective work at a cost of $1,200.00. By reason of the foregoing and believing that liability exists on the part of the respondent, the Court makes an award in favor of the claimant in the amount of $1,200.00.

Award of $1,200.00.

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PER CURIAM:

This claim was submitted for decision on the agreed facts set forth in a written stipulation which revealed that during the year 1971, respondent performed work on Project 6811 on Kanawha County Route 1/4 known as Angel Fork Road in Jefferson District; that respondent’s work blocked a stream on the property of the claimant causing periodic flooding; that claimant’s property was also damaged by a slip caused by work on the project; that respondent had knowledge of the conditions caused by its work but failed to take corrective measures; that claimant employed Lovell Johnson to perform corrective work at a cost of $1,200.00. By reason of the foregoing and believing that liability exists on the part of the respondent, the Court makes an award in favor of the claimant in the amount of $1,200.00.

Award of $1,200.00.

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Bluebook (online)

12 Ct. Cl. 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lilly-v-department-of-highways-wvctcl-1978.