Treadway v. Department of Highways

West Virginia Court of Claims

Treadway v. Department of Highways

17 Ct. Cl. 168

CourtWest Virginia Court of Claims

DecidedDecember 29, 1988

DocketCC-87-417

StatusPublished

This text of 17 Ct. Cl. 168 (Treadway 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

Treadway v. Department of Highways, 17 Ct. Cl. 168 (W. Va. Super. Ct. 1988).

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Opinion

PER CURIAM:

Claimant is the former owner of a 1981 Chevy truck which was damaged when it stuck an uncovered hole on the Dawes Bridge, Cabin Creek, Kanawha County, on September 20, 1987. The hole had been covered with a metal plate which was missing on the day of this incident. The automobile required two new tires and an alignment job in the amount of $175.77.

Claimant testified that it was dry and that he was travelling at 35-40 miles per hour. He travels this route frequently and had contracted respondent three days prior to this incident concerning the missing plate. The day following his complaint, the plate was replaced. Claimant was following a coal truck at the time of this incident, and he stated that coal trucks knock the plate off the hole. Although the respondent may have had actual notice of the existence of the missing plate, the claimant was operating his vehicle at a speed which was excessive for the known hazardous condition of the road. (Jarrell vs. Dept. of Highways, Opinion issued January 15, 1986)

It is the opinion of the Court that although the respondent may have been negligent, the negligence of the claimant was equal to or greater than that of the respondent. The Court therefore denies the claim.

Claim disallowed.

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PER CURIAM:

Claimant is the former owner of a 1981 Chevy truck which was damaged when it stuck an uncovered hole on the Dawes Bridge, Cabin Creek, Kanawha County, on September 20, 1987. The hole had been covered with a metal plate which was missing on the day of this incident. The automobile required two new tires and an alignment job in the amount of $175.77.

Claimant testified that it was dry and that he was travelling at 35-40 miles per hour. He travels this route frequently and had contracted respondent three days prior to this incident concerning the missing plate. The day following his complaint, the plate was replaced. Claimant was following a coal truck at the time of this incident, and he stated that coal trucks knock the plate off the hole. Although the respondent may have had actual notice of the existence of the missing plate, the claimant was operating his vehicle at a speed which was excessive for the known hazardous condition of the road. (Jarrell vs. Dept. of Highways, Opinion issued January 15, 1986)

It is the opinion of the Court that although the respondent may have been negligent, the negligence of the claimant was equal to or greater than that of the respondent. The Court therefore denies the claim.

Claim disallowed.

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Bluebook (online)

17 Ct. Cl. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/treadway-v-department-of-highways-wvctcl-1988.