Wiley v. Department of Motor Vehicles

West Virginia Court of Claims

Wiley v. Department of Motor Vehicles

14 Ct. Cl. 298

CourtWest Virginia Court of Claims

DecidedDecember 6, 1982

DocketCC-80-331

StatusPublished

This text of 14 Ct. Cl. 298 (Wiley v. Department of Motor Vehicles) 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

Wiley v. Department of Motor Vehicles, 14 Ct. Cl. 298 (W. Va. Super. Ct. 1982).

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Opinion

GARDEN, JUDGE:

In 1977, claimant licensed his 1977 GMC Truck with respondent. Respondent erroneously titled the vehicle as a station wagon. Claimant annually paid a license fee which was $6.00 higher than it would have been had the truck been titled correctly. The error persisted for three years, and claimant spent $2.00 to have the vehicle properly titled. He sues respondent for $20.00.

The Court finds that respondent was negligent in erroneously titling claimant’s vehicle. However, the statute of limitations has run on the first year of Mr. Wiley’s claim. W.Va. Code §14-2-21 provides that “the court shall not take jurisdiction of any claim . . . unless notice of such claim be filed with the clerk within such period of limitation as would be applicable under the pertinent provisions of the Code of W.Va. . . . and such period of limitation may not be waived or extended.” The Court makes an award in the amount of $14.00.

Award of $14.00.

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GARDEN, JUDGE:

In 1977, claimant licensed his 1977 GMC Truck with respondent. Respondent erroneously titled the vehicle as a station wagon. Claimant annually paid a license fee which was $6.00 higher than it would have been had the truck been titled correctly. The error persisted for three years, and claimant spent $2.00 to have the vehicle properly titled. He sues respondent for $20.00.

The Court finds that respondent was negligent in erroneously titling claimant’s vehicle. However, the statute of limitations has run on the first year of Mr. Wiley’s claim. W.Va. Code §14-2-21 provides that “the court shall not take jurisdiction of any claim . . . unless notice of such claim be filed with the clerk within such period of limitation as would be applicable under the pertinent provisions of the Code of W.Va. . . . and such period of limitation may not be waived or extended.” The Court makes an award in the amount of $14.00.

Award of $14.00.

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14 Ct. Cl. 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiley-v-department-of-motor-vehicles-wvctcl-1982.

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