State Farm Mutual Automobile Insurance v. State Road Commission

West Virginia Court of Claims

State Farm Mutual Automobile Insurance v. State Road Commission

7 Ct. Cl. 102

CourtWest Virginia Court of Claims

DecidedMay 24, 1968

DocketNo. D-5

StatusPublished

This text of 7 Ct. Cl. 102 (State Farm Mutual Automobile Insurance 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 v. State Road Commission, 7 Ct. Cl. 102 (W. Va. Super. Ct. 1968).

Pincite

Opinion

Ducker, Judge:

The claimant, State Farm Mutual Automobile Insurance Company, an Ohio corporation, as assignee in writing of Walter Tyler of Elm Grove, West Virginia, alleges that on February 17, 1967, Walter Tyler was driving his 1962 Corvair automobile along Peters Run Road in the City of Wheeling, West Virginia, following a State Road Commission truck loaded high with slag, and that when the truck “jerked”, slag was thrown from the truck onto Tyler’s automobile, causing damage in the sum of $148.01 to the fenders, hood and windshield of the Tyler car.

[103]*103The Attorney General and Counsel for the Road Commission, after filing their answer to claimant’s petition, filed their stipulation to the effect that the facts alleged by claimant were true and that the amount of damages was correct.

We are, therefore, of the opinion that the employees of the Road Commission were negligent in so loading the truck, that the claim is just and should be paid, and we hereby award claimant the sum of $148.01.

Claim awarded.

Free access — add to your briefcase to read the full text and ask questions with AI

Ducker, Judge:

The claimant, State Farm Mutual Automobile Insurance Company, an Ohio corporation, as assignee in writing of Walter Tyler of Elm Grove, West Virginia, alleges that on February 17, 1967, Walter Tyler was driving his 1962 Corvair automobile along Peters Run Road in the City of Wheeling, West Virginia, following a State Road Commission truck loaded high with slag, and that when the truck “jerked”, slag was thrown from the truck onto Tyler’s automobile, causing damage in the sum of $148.01 to the fenders, hood and windshield of the Tyler car.

[103]*103The Attorney General and Counsel for the Road Commission, after filing their answer to claimant’s petition, filed their stipulation to the effect that the facts alleged by claimant were true and that the amount of damages was correct.

We are, therefore, of the opinion that the employees of the Road Commission were negligent in so loading the truck, that the claim is just and should be paid, and we hereby award claimant the sum of $148.01.

Claim awarded.

Cite This Page — Counsel Stack

Bluebook (online)

7 Ct. Cl. 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-state-road-commission-wvctcl-1968.