West Virginia Court of Claims, 1978

Keyser v. Department of Highways

Keyser v. Department of Highways
West Virginia Court of Claims · Decided October 23, 1978 · Ruley
12 Ct. Cl. 199

Counsel

Peggy Keyser, the claimant, in person., Nancy J. Aliff, Attorney at Law, for the respondent.

Keyser v. Department of Highways

Opinion of the Court

RULEY, JUDGE:

On October 27, 1977, the claimant was lawfully driving east on 1-64 towards Huntington when her car ran over a sign lying flat on the roadway, which sign flipped up and damaged her automobile’s exhaust system in the sum of $113.56.

*200The Court finds that the sign (a long, narrow sign with yellow and black diagonal stripes, like those used by respondent) was respondent’s property; that leaving it upon the travelled portion of the highway constituted negligence on respondent’s part; and that an award therefore should be made to the claimant in the amount of $113.56.

Award of $113.56.

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