Shinn v. Department of Highways

West Virginia Court of Claims

Shinn v. Department of Highways

8 Ct. Cl. 174

CourtWest Virginia Court of Claims

DecidedNovember 30, 1970

DocketNo. D-254

StatusPublished

This text of 8 Ct. Cl. 174 (Shinn 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

Shinn v. Department of Highways, 8 Ct. Cl. 174 (W. Va. Super. Ct. 1970).

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Opinion

JONES, JUDGE:

The facts and circumstances giving rise to this claim are the same that were alleged and proved in Lois and Dayton Shinn vs. State Road Commission, 7 Court of Claims (W.Va.) 162, and the opinion in that case is applicable here.

Briefly, on November 24, 1967, the Claimant’s automobile was parked approximately seven feet off the paved portion of State Secondary Road 23 and U. S. Route 35 in Mason County, when it was struck and damaged by a State Road Commission (now Department of Highways) truck, operated by a State Road Commission employee. The Respondent admits that the truck’s brakes were defective, and it is undisputed [175]*175that the cause of the collision was the failure of the driver to keep the vehicle under control.

The Claimant presented an estimate of the cost of repairs in the amount of $409.87, and the 'same 'has 'been stipulated to be fair and reasonable. Accordingly, the Court hereby awards the claimant, Lowell C. Shinn, the sum of $409.87.

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JONES, JUDGE:

The facts and circumstances giving rise to this claim are the same that were alleged and proved in Lois and Dayton Shinn vs. State Road Commission, 7 Court of Claims (W.Va.) 162, and the opinion in that case is applicable here.

Briefly, on November 24, 1967, the Claimant’s automobile was parked approximately seven feet off the paved portion of State Secondary Road 23 and U. S. Route 35 in Mason County, when it was struck and damaged by a State Road Commission (now Department of Highways) truck, operated by a State Road Commission employee. The Respondent admits that the truck’s brakes were defective, and it is undisputed [175]*175that the cause of the collision was the failure of the driver to keep the vehicle under control.

The Claimant presented an estimate of the cost of repairs in the amount of $409.87, and the 'same 'has 'been stipulated to be fair and reasonable. Accordingly, the Court hereby awards the claimant, Lowell C. Shinn, the sum of $409.87.

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Bluebook (online)

8 Ct. Cl. 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shinn-v-department-of-highways-wvctcl-1970.