West Virginia Court of Claims, 1981

United States Fidelity & Guaranty Co. v. Department of Highways

United States Fidelity & Guaranty Co. v. Department of Highways
West Virginia Court of Claims · Decided August 24, 1981
14 Ct. Cl. 26

Counsel

No appearance by claimant., Nancy J. ADiff, Attorney at Law, for respondent.

United States Fidelity & Guaranty Co. v. Department of Highways

Opinion of the Court

PER CURIAM:

Upon written stipulation to the effect that damages to claimant’s 1978 Mack truck in the amount of $1,191.35 were caused when the roadway surface of Interstate 79 near Jane Lew, West Virginia, collapsed as the truck crossed over an area under which a tunnel existed; and to the effect that this occurred because of the negligence of the respondent in failing to properly maintain said highway, proximately causing the *27damages sustained, the Court finds the respondent liable, and awards the claimant the amount agreed upon by the parties.

Award of $191.35 to United States Fidelity & Guaranty Company.

Award of $1,000.00 to H & A Coal & Hauling, Inc.

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