State Farm Mutual Automobile Insurance ex rel. Keene v. State Road Commission

West Virginia Court of Claims

State Farm Mutual Automobile Insurance ex rel. Keene v. State Road Commission

7 Ct. Cl. 55

CourtWest Virginia Court of Claims

DecidedJanuary 17, 1968

DocketNo. B-390

StatusPublished

This text of 7 Ct. Cl. 55 (State Farm Mutual Automobile Insurance ex rel. Keene v. State Road Commission) 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

State Farm Mutual Automobile Insurance ex rel. Keene v. State Road Commission, 7 Ct. Cl. 55 (W. Va. Super. Ct. 1968).

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Opinion

Ducker, Judge:

This claim is for damages to an automobile caused by a rock chip from State Road Commission work striking the wind shield of James E. Keene’s car, resulting in damages in the sum of $24.81, the claimant being subrogated to the rights of Keene as the owner of the car. The claim was filed with the Attorney General and the case heard by this Court.

The evidence is to the following effect. On March 12, 1965, James E. Keene was operating his 1964 Volkswagon automobile on State Route 119 on MacCorkle Avenue in the vicinity of Evans Super Market in the City of Charleston when an employee of the State Road Commission, patching holes in the surface of the highway and chipping the concrete therein, caused a stone chip to strike the windshield of the Keene automobile, thereby damaging the same to the extent of $24.81 as the cost of repairing or replacing the windshield. There was no evidence to attribute negligence on the part of Keene, who had been directed by a flagman of the State Road Commission to pass the place of the work.

We are of the opinion to and do award the claimant the sum of $24.81.

Award of $24.81.

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Ducker, Judge:

This claim is for damages to an automobile caused by a rock chip from State Road Commission work striking the wind shield of James E. Keene’s car, resulting in damages in the sum of $24.81, the claimant being subrogated to the rights of Keene as the owner of the car. The claim was filed with the Attorney General and the case heard by this Court.

The evidence is to the following effect. On March 12, 1965, James E. Keene was operating his 1964 Volkswagon automobile on State Route 119 on MacCorkle Avenue in the vicinity of Evans Super Market in the City of Charleston when an employee of the State Road Commission, patching holes in the surface of the highway and chipping the concrete therein, caused a stone chip to strike the windshield of the Keene automobile, thereby damaging the same to the extent of $24.81 as the cost of repairing or replacing the windshield. There was no evidence to attribute negligence on the part of Keene, who had been directed by a flagman of the State Road Commission to pass the place of the work.

We are of the opinion to and do award the claimant the sum of $24.81.

Award of $24.81.

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Bluebook (online)

7 Ct. Cl. 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-ex-rel-keene-v-state-road-wvctcl-1968.