Maryland Casualty Co. v. Department of Highways

Maryland Casualty Company, as subrogee of Michael E. Heitz of Parkersburg, West Virginia, alleges that said Heitz, on December 31, 1974, was traveling in a westerly direction on State Route 50 near the town of Gormania, West Virginia, when the automobile he was driving struck some steel tie rods protruding from the road surface of a bridge near the intersection of Routes 50 and 560. The tie rod extended a foot above the road surface and caught the underside of the automobile causing damage in the amount of $234.88.

As the verity of the allegations'and the reasonableness of the amount of damages are stipulated by the parties, and the negligence so proven, we hereby award the claimant the sum of $134.88 which it paid, and $100.00 to Michael E. Heitz which was not paid by the claimant because the latter amount was deductible under the provisions of the insurance policy.

Award of $134.88 to Maryland Casualty Company.

Award of $100.00 to Michael E. Heitz.