White v. Department of Highways

12 Ct. Cl. 271
West Virginia Court of Claims·Decided January 9, 1979·No. No. CC-78-139·Published·Cited by 1 cases

Opinion

PER CURIAM:

This claim was submitted upon a duly executed written stipulation which revealed the following facts.

Claimants’ house is located beside Cost Avenue and a bridge connecting Cost Avenue to West Virginia Route 20 in Stone-wood, West Virginia. Cost Avenue and said bridge are a part of West Virginia Route 58, a highway owned and maintained by the respondent.

As a result of the respondent’s negligent resurfacing activities and inadequate drain design and maintenance of Cost Avenue and the bridge, excessive water run-off occurred which damaged the claimants’ home and landscape.

It is further stipulated by the parties that the sum of $1,000.-00 is a fair and equitable estimate of the damage sustained by the claimants.

Based on the foregoing, an award in the above amount is hereby made.

Award of $1,000.00.

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White v. Department of Highways, 12 Ct. Cl. 271 (W. Va. Super. Ct. 1979).

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14 Ct. Cl. 461 (West Virginia Court of Claims, 1983)