Schooley v. Department of Highways

West Virginia Court of Claims

Schooley v. Department of Highways

12 Ct. Cl. 28

West Virginia Court of Claims·Decided November 1, 1977·No. No. CC-76-131·Published

Opinion

RULEY, JUDGE:

Upon stipulation of the parties to the effect that, on October 11, 1976, the claimant lawfully drove his 1973 dump truck across a bridge which collapsed on Local Service Route 5/5 in Taylor County, West Virginia, thereby damaging the truck in the amount of $7,000.00; that the respondent, upon an inspection in 1974, had found the bridge to have a load limit of zero tons; that the respondent had made no effort to repair the bridge or post a weight limit upon it since 1974; and that no warning signs were in place upon or near the bridge on the day the accident happened, an award in the sum of $7,000.00 should be, and is hereby, made.

Award of $7,000.00.

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RULEY, JUDGE:

Upon stipulation of the parties to the effect that, on October 11, 1976, the claimant lawfully drove his 1973 dump truck across a bridge which collapsed on Local Service Route 5/5 in Taylor County, West Virginia, thereby damaging the truck in the amount of $7,000.00; that the respondent, upon an inspection in 1974, had found the bridge to have a load limit of zero tons; that the respondent had made no effort to repair the bridge or post a weight limit upon it since 1974; and that no warning signs were in place upon or near the bridge on the day the accident happened, an award in the sum of $7,000.00 should be, and is hereby, made.

Award of $7,000.00.

Schooley v. Department of Highways, 12 Ct. Cl. 28 (W. Va. Super. Ct. 1977).

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