Wingo v. Department of Highways

West Virginia Court of Claims

Wingo v. Department of Highways

13 Ct. Cl. 225

CourtWest Virginia Court of Claims

DecidedJune 4, 1980

DocketCC-79-537

StatusPublished

This text of 13 Ct. Cl. 225 (Wingo 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

Wingo v. Department of Highways, 13 Ct. Cl. 225 (W. Va. Super. Ct. 1980).

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Opinion

PER CURIAM:

This claim was submitted upon a duly executed written stipulation which revealed the following: Claimant is the owner of a residence located on James River Road in Wayne County, West Virginia, between the cities of Huntington and Ceredo. In the vicinity of claimant’s residence, the Department of Highways installed a 24-inch drain to carry surface water from nearby Interstate 64 to a point approximately fifty feet above claimant’s residence. The Department of Highways negligently failed to maintain this ditch, thereby allowing water to drain directly onto claimant’s property, causing damage to claimant’s residence and the destruction of several articles of personal property. The parties agree that the sum of $1,000.00 is a fair and equitable estimate of the damages sustained by the claimant.

As the negligent maintenance of the ditch in question was the proximate cause of claimant’s damages, the Court hereby finds the respondent liable and makes an award to the claimant in the amount stipulated.

Award of $1,000.00.

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PER CURIAM:

This claim was submitted upon a duly executed written stipulation which revealed the following: Claimant is the owner of a residence located on James River Road in Wayne County, West Virginia, between the cities of Huntington and Ceredo. In the vicinity of claimant’s residence, the Department of Highways installed a 24-inch drain to carry surface water from nearby Interstate 64 to a point approximately fifty feet above claimant’s residence. The Department of Highways negligently failed to maintain this ditch, thereby allowing water to drain directly onto claimant’s property, causing damage to claimant’s residence and the destruction of several articles of personal property. The parties agree that the sum of $1,000.00 is a fair and equitable estimate of the damages sustained by the claimant.

As the negligent maintenance of the ditch in question was the proximate cause of claimant’s damages, the Court hereby finds the respondent liable and makes an award to the claimant in the amount stipulated.

Award of $1,000.00.

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Bluebook (online)

13 Ct. Cl. 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wingo-v-department-of-highways-wvctcl-1980.