Schooley v. Department of Highways

West Virginia Court of Claims

Schooley v. Department of Highways

12 Ct. Cl. 28

CourtWest Virginia Court of Claims

DecidedNovember 1, 1977

DocketNo. CC-76-131

StatusPublished

This text of 12 Ct. Cl. 28 (Schooley 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

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

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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.

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Bluebook (online)

12 Ct. Cl. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schooley-v-department-of-highways-wvctcl-1977.