Nationwide Mutual Insurance v. West Virginia Department of Highways

West Virginia Court of Claims

Nationwide Mutual Insurance v. West Virginia Department of Highways

10 Ct. Cl. 82

CourtWest Virginia Court of Claims

DecidedFebruary 11, 1974

DocketNo. D-713

StatusPublished

This text of 10 Ct. Cl. 82 (Nationwide Mutual Insurance v. West Virginia 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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Nationwide Mutual Insurance v. West Virginia Department of Highways, 10 Ct. Cl. 82 (W. Va. Super. Ct. 1974).

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Opinion

DUCKER, JUDGE:

Claimant as subrogee under a policy of insurance issued by it to William H. Wright, alleges that while the respondent was cleaning a bridge on State Route 16 which crosses over Highway L. S. Route 27 between Mt. Hope, W. Va. and Pax, W. Va., an employee of the respondent threw a shovel full of gravel over the side of the bridge and the gravel landed on the front part of the 1968 pickup truck of the said William H. Wright while the truck was passing under the bridge, damaging the windshield, hood and fenders of the truck.

The parties have stipulated that the damages in the amount of $272.99 were caused by the act of the respondent and that the amount of damages claimed and stipulated is reasonable.

Accordingly, the Court awards the claimant the sum of $272.99.

Award of $272.99.

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DUCKER, JUDGE:

Claimant as subrogee under a policy of insurance issued by it to William H. Wright, alleges that while the respondent was cleaning a bridge on State Route 16 which crosses over Highway L. S. Route 27 between Mt. Hope, W. Va. and Pax, W. Va., an employee of the respondent threw a shovel full of gravel over the side of the bridge and the gravel landed on the front part of the 1968 pickup truck of the said William H. Wright while the truck was passing under the bridge, damaging the windshield, hood and fenders of the truck.

The parties have stipulated that the damages in the amount of $272.99 were caused by the act of the respondent and that the amount of damages claimed and stipulated is reasonable.

Accordingly, the Court awards the claimant the sum of $272.99.

Award of $272.99.

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Bluebook (online)

10 Ct. Cl. 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-mutual-insurance-v-west-virginia-department-of-highways-wvctcl-1974.