Tucker v. Department of Highways

West Virginia Court of Claims

Tucker v. Department of Highways

11 Ct. Cl. 302

West Virginia Court of Claims·Decided June 30, 1977·No. No. CC-77-14·Published

Opinion

PER CURIAM:

The claimant and the respondent filed a written stipulation which stipulated that on or about January 25, 1977, the claimant’s vehicle hit and struck a large hole in the right hand lane of U.S. Route 60 in South Charleston, Kanawha County, West Virginia. The respondent had previously covered the hole with a metal plate which had become dislodged. The vehicle was damaged, and it was stipulated that the fair and equitable estimate of the damages sustained by the claimant is $93.32. Believing that liability exists on the part of the respondent and that the claimant is free from negligence and that the damages are reasonable, an award of $93.32 is directed in favor of the claimant.

Award of $93.32.

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PER CURIAM:

The claimant and the respondent filed a written stipulation which stipulated that on or about January 25, 1977, the claimant’s vehicle hit and struck a large hole in the right hand lane of U.S. Route 60 in South Charleston, Kanawha County, West Virginia. The respondent had previously covered the hole with a metal plate which had become dislodged. The vehicle was damaged, and it was stipulated that the fair and equitable estimate of the damages sustained by the claimant is $93.32. Believing that liability exists on the part of the respondent and that the claimant is free from negligence and that the damages are reasonable, an award of $93.32 is directed in favor of the claimant.

Award of $93.32.

Tucker v. Department of Highways, 11 Ct. Cl. 302 (W. Va. Super. Ct. 1977).

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