West Virginia Court of Claims, 1991

Delgrande v. Division of Highways

Delgrande v. Division of Highways
West Virginia Court of Claims · Decided March 14, 1991
18 Ct. Cl. 145

Counsel

Claimant present in person., James D. Terry, Attorney at Law, for respondent.

Delgrande v. Division of Highways

Opinion of the Court

PER CURIAM:

On or about August 30, 1990, claimant was attempting to cross a bridge located on Nemours Road designated as 52/6 located in Mercer County. As he was proceeding across the wooden deck that was missing a plank, he damaged a tire. Claimant immediately notified the respondent of the incident.

Claimant and respondent have stipulated the facts of the claim and have reached an agreed amount of $102.82 for damage sustained by claimant's vehicle.

*146Testimony indicates that respondent had actual and constructive notice of the faulty board, but did not repair it in a timely manner. Accordingly, the claimant has met his burden of proof. The Court makes an award in the stipulated amount of $102.82.

Award of $102.82.

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