West Virginia Court of Claims, 1971

Harleysville Mutual Insurance v. Department of Highways

Harleysville Mutual Insurance v. Department of Highways
West Virginia Court of Claims · Decided November 16, 1971 · Ducker
9 Ct. Cl. 34

Counsel

No appearance in behalf of the Claimant., Donald L. Hall, of Department of Highways for the Respondent, Thomas P. O’Brien, Jr., Assistant Attorney General, for the Respondent.

Harleysville Mutual Insurance v. Department of Highways

Opinion of the Court

DUCKER, JUDGE:

Harleysville Mutual Insurance Company, a corporation, of Baltimore, Maryland, as subrogee of Lena Nancy Shaver, claims $226.88 for damages done to the automobile of the Claimant’s insured, Lena Nancy Shaver, who was driving her automobile on U. S. Route 220 about six miles east of Franklin, Pendleton County, West Virginia, resulting from debris falling upon her automobile when the Highway Department was blasting rock without proper warning signals having been given to motorists there upon the highway.

The facts, including the reasonableness of the costs of repairs, were admitted by the pleadings, and as the loss was undoubtedly occasioned by the negligence of the Highway Department’s employees, we are of the opinion to and do award the Claimant the sum of $226.88.

Award of $226.88.

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