Ray v. Office of the Governor-Emergency Flood Disaster Relief

West Virginia Court of Claims

Ray v. Office of the Governor-Emergency Flood Disaster Relief

12 Ct. Cl. 83

CourtWest Virginia Court of Claims

DecidedFebruary 9, 1978

DocketNo. CC-77-192

StatusPublished

This text of 12 Ct. Cl. 83 (Ray v. Office of the Governor-Emergency Flood Disaster Relief) 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

Ray v. Office of the Governor-Emergency Flood Disaster Relief, 12 Ct. Cl. 83 (W. Va. Super. Ct. 1978).

Pincite

Opinion

GARDEN, JUDGE:

The respondent, pursuant to Code §14-2-13(3), has requested the Court to render an advisory opinion as to the legal status of this claim which arises from the following factual situation.

Following the devastating flood in Williamson, West Virginia, on April 4, 1977, the respondent engaged the services of Burgett Construction Company to assist in cleaning up the resultant debris. During this operation, an employee of Bur-gett, while operating an endloader, destroyed a wall and gate at the rear of the claimant’s property. The wall was constructed of concrete block and was 30 feet long and 4 feet tall. An estimate in the amount of $1,175.00 for the replacement of the wall and gate was presented. The respondent has filed an Answer admitting liability for the damage and asserting that the claim should be paid.

We agree that under the factual situation set forth above, liability rests with respondent, and it should respond in damages to claimant in the amount of $1,175.00. The Clerk is directed to file this advisory opinion and to transmit a copy thereof to respondent.

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

GARDEN, JUDGE:

The respondent, pursuant to Code §14-2-13(3), has requested the Court to render an advisory opinion as to the legal status of this claim which arises from the following factual situation.

Following the devastating flood in Williamson, West Virginia, on April 4, 1977, the respondent engaged the services of Burgett Construction Company to assist in cleaning up the resultant debris. During this operation, an employee of Bur-gett, while operating an endloader, destroyed a wall and gate at the rear of the claimant’s property. The wall was constructed of concrete block and was 30 feet long and 4 feet tall. An estimate in the amount of $1,175.00 for the replacement of the wall and gate was presented. The respondent has filed an Answer admitting liability for the damage and asserting that the claim should be paid.

We agree that under the factual situation set forth above, liability rests with respondent, and it should respond in damages to claimant in the amount of $1,175.00. The Clerk is directed to file this advisory opinion and to transmit a copy thereof to respondent.

Cite This Page — Counsel Stack

Bluebook (online)

12 Ct. Cl. 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-office-of-the-governor-emergency-flood-disaster-relief-wvctcl-1978.