State Farm Mutual Automobile Insurance v. Department of Highways

West Virginia Court of Claims

State Farm Mutual Automobile Insurance v. Department of Highways

9 Ct. Cl. 277

CourtWest Virginia Court of Claims

DecidedJune 26, 1973

DocketNo. D-600

StatusPublished

This text of 9 Ct. Cl. 277 (State Farm Mutual Automobile Insurance 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

State Farm Mutual Automobile Insurance v. Department of Highways, 9 Ct. Cl. 277 (W. Va. Super. Ct. 1973).

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Opinion

PETROPLUS, JUDGE:

Claimant, as Subrogee of Ralph Henne, its insured, filed this claim in the amount of $36.05, representing the cost of cleaning an automobile which was damaged on June 2, 1972, while driven over the Poca River Bridge on W. Ya. Route 62 during a paint spraying operation conducted by agents of the Respondent. The claim was filed by stipulation, and it is before us on a Petition alleging negligence, supported by affidavit of Virginia Henne, wife of the insured, who was driving the car. The affidavit discloses that upon arriving home an unsuccessful effort was made to remove a blue-colored paint that covered the surface of the car. The damages represent the cost of cleaning in accordance with an estimate furnished by the Claimant.

There being no proof to the contrary, the affidavit is accepted as proof of the negligence and damages, and an award is accordingly made.

Award of $36.05.

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PETROPLUS, JUDGE:

Claimant, as Subrogee of Ralph Henne, its insured, filed this claim in the amount of $36.05, representing the cost of cleaning an automobile which was damaged on June 2, 1972, while driven over the Poca River Bridge on W. Ya. Route 62 during a paint spraying operation conducted by agents of the Respondent. The claim was filed by stipulation, and it is before us on a Petition alleging negligence, supported by affidavit of Virginia Henne, wife of the insured, who was driving the car. The affidavit discloses that upon arriving home an unsuccessful effort was made to remove a blue-colored paint that covered the surface of the car. The damages represent the cost of cleaning in accordance with an estimate furnished by the Claimant.

There being no proof to the contrary, the affidavit is accepted as proof of the negligence and damages, and an award is accordingly made.

Award of $36.05.

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Bluebook (online)

9 Ct. Cl. 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-department-of-highways-wvctcl-1973.