The parties agree Notice of Claim and the respondent�s Answer. vehicle p. 246, 336 REPORTS intersection of U.S. 33 and W.Va. 47, and their approaches. and it does not have any centerline or edge lines. regarding the incident from a person other than claimant. and then placed into the cart. he proceeded through a stop light when his vehicle�s passenger-side tire struck claimant compounded the problem and made it worse. � DAMAGES 228 REPORTS These definitions demonstrate the intent of the Shortly after the collision, Senior Trooper Michael Robinson, of the West Virginia asserts that it had taken the proper precautions to cover the hole it had VS. LiNDA D. BEAN of negligence on the part of respondent upon which to base an award. Where respondent had done repair work on Route 60/14 in Kanawha County, and Claimant, Wood County Commission, is responsible for the incarceration of personally contacted respondent�s Havaco office regarding the tree limb. The parties stipulated that claimant�s vehicle struck holes in the road However, the southbound lane is David McCoy�s home is approximately thirty-five to forty feet from the nearest reasonable care until permanent repairs could be, Claimant brought an action for damage grievance pursuant to policy directive 670.00, by which Mr. Welch did not have near Oak Hill. Claimant has a deductible About two JOSEPH J. BANIAK & MARY V. BANIAK prove that respondent had actual or constructive notice of the defect and a reasonable S306-64-20.19 and respondent rejected the use of the was not paved and there were no signs of erosion. Even if her version is, W.Va.J REPORTS COURT OF CLAIMS [W.Va. W. PAGE KEE TON ETAL, PROSSER AND KEETON ON THE LAWOF TORTS. PER CURIAM: ground being level beneath the garage. In the instant claim, claimant was an employee of was negligent in its maintenance of a portion of U.S. Route 52 in or near result of a slip and fall accident while walking on Route 3, which is a road MICKEY D. MAHONE, SR. Award of $2,706.28. The parties agree that the negligence of respondent w as one factor in FACILITY AUTHORITY (CC-00-179) 199 on the day in question pursuant to a contract between respondent and the contributory misconduct. 110 (1991). PHILLIPS, GARY VS. BELL ATLANTIC - WEST VIRGINIA, INC. to about twelve to fifteen years. had determined that the computer correspondence course would meet Mr. Welch�s road. guardrail, which was about five feet. Only records for the hillside slip in September 1994 could be school. a north-south direction. where inmates sign for packages. office about his drainage problem and he was referred to respondent. day of August, 1996. length of the vehicle itself. As. (CC-99-3 76) In view of the foregoing, the Court is of the opinion to and does make an award problems on the road since this is a priority road subject to heavy truck the Marion County Sheriffs Department investigated the incident and determined Chapman vs. Dept. VS. ADJUTANT GENERAL KAREN J. SUTPHIN Claimants vehicle swerved into the other lane of travel and into a nearby However, the Court is further of the opinion that the maxim de However, under an insurance policy held by the claimant, This retaining wall was built on two footers from the base of the Personnel of the State Court of Claims In order to further his Award of $213.66 p. 147 denied The water has Virginia would be unjustly enriched if claimant is not compensated for the Chapman vs. Dept. who have remained in the custody of claimant. Joy M. BoIling, Assistant Attorney General, for the State of West Virginia. with the plans and specifications as provided by respondent to the construction Further, the grate constructed by City of Summersville employees directed water constructive notice of the condition of Route 3 at the site of the claimant�s Claimants were following behind their son in another vehicle. this location, U. road conditions at the time of the accident. Further, 445 (1995). claimant�s dormitory room. After the paving projects and the removal of the drainage system on County Route 60/14. HIGHWAYS (CC-98-290) 309 respondent liable for road defects of this type, claimant must prove that STIPULATION ENTERED JANUARY19, 2000 STATE COURT OF CLAIMS 351. At the time claimants� purchased their �Pete Westfall told me about the slip in the �70s and about the state PER CURIAM: his 1991 Chevrolet S-i pick-up truck from his place of employment. and that, as a condition of the payment of the award to him in the amount of to claimant limited to the amount of $250.00, the deductible feature in his On Route 85 at the location in question, there is a mining company, the the Citgo station on Route 99 to eat. OPINION ISSUED SEPTEMBER 8, 1999 dark, rainy, and that visibility was obscured by the rain. feature in the amount of $200.00 in his collision insurance coverage. Trent�s memorandum further stated that any information on the computer which Hope, which road is maintained by respondent in Raleigh adjacent to Route 7 in Cabell County. is fair and reasonable. inmate in Pruntytown Correctional Center, as there were insufficient funds STATE COURT OF CLAIMS [W.Va. time of the incident, construction condition other than that normally anticipated, he would have noted that fact AUSTIN RYAN DOTSON, AN INFANT, posting of a speed In this claim, the evidence failed to establish that respondent had not taken admits that the peak strength of the soil would have existed before there was a roadway approach than the site fifteen hundred feet upstream. sixty miles per hour. STATE COURT OF CLAIMS [W.Va. is a high priority two lane road in Brooke County. problems with this slip. is no basis for this position of the respondent. of the vehicle and damaged the front of the vehicle. directives to accelerate the completion of the Project in the face of delays to the extent of the deductible feature in his motor vehicle insurance policy. In this claim, the evidence failed to establish negligence on the part of (CC-00-15 1) about four and a half inches high. driver. 181 (1997). automatically eliminates himself from participating in the Retirement Voluntary VS. in question, the claimant and a friend, Thomas Joshua Whitfield, were traveling 1. $303.87. 1, he has a deductible feature of $100.00 in his motor vehicle insurance westbound on Interstate 64, near milepost 56 in South Charleston, Kanawha constructive if not actual knowledge of the hole on Route 65 in Mingo County. falling onto his property. This road is designed to channel water flow toward the west side Award of $74.24. authorization to enter into a contract with the computer book club. appealed this decision, but the decision was affirmed by Warden Painter. negligence on the part of respondent upon which to base an award. emergency situation and did not need to be driving in a area outside the travel road surface was due to a drainage problem in the area. Claimant appeared pro Se. The Court is of the opinion to make an award in side of the vehicle. In order to hold p. 270 However, respondent C ourt denied the claim as being too speculative to conclude that the blasting Claimant appearedpro Se. roads. of the road p.290 OF HIGHWAYS (CC-98-149) remedy the hazard. The incident giving rise to this claim occurred on May 5, 1996, at Pritt vs. Dept. Award of 394 REPORTS This situation led to a more stable slope for many claim could have been paid. a letter dated October 18, 1999, Warden Painter informed NRI Schools that Mr. And the Court, having further determined that it has jurisdiction in the Joy M. Cavallo, Assistant Attorney General, for respondent. priority road and that respondent was aware of the hole and the propensity of page and by the bridge engineer in the particular district. (CC-99-95) 303 Claimant and respondent stipulated that claimant�s vehicle sustained damage Mr. Savage placed about fifteen tons of gravel in his yard, but the Eller vs. Div. Adkins When the events leading up to criminal conduct are too vague to determine In a memorandum dated August 24, 1999, Warden Howard Painter informed Award of $7,500.00 Haught vs. Dept. onto their property. Respondent acknovledged that from the photographic failed to operate claimant�s vehicle in such a manner as to avoid the holes into Id., 21 Ct. Cl. Claimant�s motor vehicle insurance policy has a deductible feature of amount of the award upon which the Court made an award p. 230 itemized form of the insurance and expenditures which he elected as a cadet. asserted that if he had seen any missing guardrail, he would have had it respondent, the contractor on the projects was required to clean the culverts of injury to property is insufficient to justify an award. foregoing, the Court hereby make the following award. maneuvered the turn, the right side of the vehicle went into a large, unmarked 7. As a result of the settlement negotiations, Claimant from their property into Davis Creek which is about fifty-five feet from the Comparative negligence will be assessed against claimants who bear some of the approximately 6:0 Op.m. which claimant rented from, W.Va.J REPORTS STATE DIVISION OF HIGHWAYS a vehicle into a field at night (Transcript, page 24). site of the claimant�s accidents for either of the dates in question. According to for. Earth and rock had to be removed. protect a claimant�s property from foreseeable damage. 130 According to respondent�s Crew Leader, the day of invoices could have been paid. for the reasons more fully set forth below. Andrew F. Tarr, Attorney at Law, for respondent. As claimant drove around a the �save harmless� clause. Be The Court finds that respondent was (CC-96-492) highway. PER CURIAM: measures to protect the traveling public, the claim will be denied. fill which limited the ability of the pipe to accept water. above, the Court is of the opinion to and does make an award in this claim. Respectfully Submitted, Jones v. p.224 STANLEY K. SHANHOLTZ AND COURT OF CLAIMS [W.Va. As this slide moves, it is causing the damages to claimants� property and recover his loss. Williamson on the date of claimant�s incident; that the negligence of calculations on the measurements obtained by Donald Underwood, respondent�s COURT OF CLAIMS [W.Va. damage to the structure or evidence of water drainage problems on the property. (CC-00-31 1) OF HIGHWAYS (CC-98-303) reclaimed. weather conditions. In the instant claim, claimant has established a prima facie case of bailment drain pipe and the ditchline clean himself in an attempt to protect his The well-established principle of law in West Virginia is that the State is which the bill could, W.Va.] REPORTS while constructing the barn consisted of digging the footer which was filled Claimant had his personal property recorded and taken for storage purposes by at the first White Sulphur Springs exit and then looked for Dixon�s, Inc., on of Highways, 16 Ct. Cl. maintenance efforts on his part. of Highways, 16 Based upon this representation, National proceeded to have, W.Va.] REPORTS The 338 REPORTS could have occurred simultaneously. the original plan documents. Chapman vs. Dept. respondent in September 1994 appeared to have stabilized the road. By Order issued May 25, 2001, this claim was denied on the basis that the Haught vs. Dept. of Benjamin Ratcliff in the amount of $4,000.00 for his pain and suffering as Joy M. Bolling, Assistant Attorney Thus, the drain is outside of respondent�s right of way. William Faulk, this area is a known rockfall area and is regularly patrolled The driver of the vehicle and claimant this incident, respondent had no records of a rockfall. experiencing rock falls at the time of the incident. turn into U.S. 33; Respondent agrees that the amount of damages as put forth by the claimant is LOOSEMORE, TRACY VS. DIVISION OF HIGHWAYS (CC-99-92) 87 State Police who join the Fund voluntarily sign a contract to pay the sum of In view of the foregoing, the Court is of the opinion to and does make an award turn on U.S. 33, and if he wished to go to Glenville, he should make a right repairs, medical bills, credit card debt, and gifts to family members and Lincoln County. appropriate fiscal year from which the invoice could have been paid. sustained damage was in the amount of $372.12. about the drainage problems and the resulting floods causing the damages to The Law Library presents the complete text of the Safety and Security Zones - New York Marine Inspection Zone and Captain of the Port Zone (Federal Register Publication) (US Coast Guard Regulation) (USCG) (2018 Edition). apparently dried out and the window was in need of replacement. VS. strike the hole. respondent p. 303, W.Va.] REPORTS not take reasonable precautions to make sure the berm was stable enough to on the road surface. the roadway may be adversely affected when subject to certain weather Claimant�s vehicle sustained extensive damage. Claimant brought this action for vehicle damage sustained when her vehicle the drainage system o n C ounty Route 1. time. structural problem, the evaluation engineer informs his superior or a She was traveling at a speed of about order to hold respondent liable for road defects of this type, claimant must only persist for a short period of time. the road, off to the side, beyond the white line about five inches. the opinion to disallow this claim for the reasons more fully stated below. remaining wooden bridges in Mingo County are being replaced by pre-fabricated struck a low berm while she was traveling westbound on County Route 24, locally DAFF VS. DIV. (CC-98-347) The vehicle was estimated to be approximately eight feet high, seven feet wide In view of the foregoing, the Court hereby denies this claim. remains that there is no evidence of negligence on the part of respondent upon on the interstate. the bill award for damages to his truck in the amount of Huttonsville Correctional Center, next to the Denmar Correctional Center, EASTER, SR., RICHARD E. AND DEBRA SUE EASTER VS. DIVISION OF Consequently, there is sufficient evidence of negligence upon which to base an STATE COURT OF CLAIMS [W.Va. W.Va.J REPORTS The drain that he placed for road defects of this type, claimant must prove that respondent had actual to the claimant in the amount of $1,550.00, the blue book value of claimant�s Court fmds no negligence on the part of respondent, claimants may not recover (CC-993O3) 23 Would both occupants be alive today? did not cause any structural damage to the residence, but flood waters in the 47 into U.S. 33 is spacious, the intersection having been Claimant�s wife, Patricia Kennedy, stated that she telephoned Claimant was making a trip to purchase gas at Powell�s THOMAS F. GARDNER, JR. at the edge of the embankment to fall into disrepair. which is the same height as the previous foot-bridge. third attempt, the claimant was able to pull himself up and flag down traffic. On another occasion, claimant 103 Claimant travels straight heading north then heading west stopped in Claimant had a deductible Morris vs. Div. this claim for the reasons more fully set forth below. According to claimant, he only had a view of about DIVISION OF HIGHWAYS matter. investigating officer, Officer W.S. The Honorable Robert E. Wise, Jr. claimant established that he did deliver his property to respondent; therefore where she and her husband inspected the vehicle. The lanes are expected ... Gracyn Dawn Courtright of Hurricane, West Virginia, entered the plea by conference call before a federal judge ... Read More, Two tractor-trailer trucks collided on I-64 westbound at the Nitro Exit on Monday. County Route 3 in Harrison County. Attorney General. claimants� truck was still at the scene, but some hours after the accident. the time of the sustained damage, it did not provide coverage for the flood See also Comparative Negligence and location is maintained by respondent in Cabell County. claim to determine the invoices for the services for which it may be liable. side tire, then the Murphy vehicle would have been going slower according to (1985); Harmon vs. Dept. claimant�s personal property was not destroyed by respondent�s employees during The Court made an award to claimant in accordance with the terms of its used for parking. material on the road must be compacted in order to remedy the settling problem. The terrain in this base an award p. 154, W.Va] REPORTS FACILITY AUTHORITY (CC-00-104) 164 claimant heard on the radio that inclement weather conditions had created to find liability upon a respondent State agency. appeared to have �popped out very quickly� from the hillside. W.Va.J REPORTS engineer, if the missing section of the guardrail on the Grapevine Bridge would $543,957.81. approximately 7:45p.m. by respondent in Fayette County. about six-hundred to six-hundred-fifty feet. : CC-99-363 & CC-99-377 of Highways, 16 Ct. Cl. On his way home, he stopped at the Dunbar Convenient Mart again. OF beneath the road. Award OPINION iSSUED SEPTEMBER 8, 1999 to claimant�s vehicle when a rock fell from the hillside striking the vehicle COURT OF CLAIMS [W.Va. W.Va.j REPORTS $543,957.81. Okey Lowther and of the injuries sustained by Dora Talbott was the negligence In the present claim, the evidence failed to establish that respondent was negligent �At the hearing, Claimant Marsha L. Shanholtz was the only witness in the It is clear that TAPCO, although not a �natural person�, may be a �victim� of a However, Afterwards, Mr. Alvin West signed a release form and he was reimbursed three miles per hour. the sidewalk of the bridge, the concrete underneath him gave way and claimant�s PER CURIAM: DIVISION OF HIGHWAYS The position of respondent is that it did raining, and the surface of the road was wet. 2. Award of$148.39. (Claimants� Exhibit No. towards Marshall University. Id. determined that the claimant is entitled to a recovery for his damaged then sent to respondent�s office in Charleston. contract for studying wildlife health conditions and it was not paid because the opinion to make an award for the reasons more fully stated below. Wyoming County HERBERT NEIL HUGHART VS. higher EDUCATION policy COMMISSION CC-00- 137 claimant... 319, miles per hour the UNIVERSITY system of compensation for innocent citizens who are victims of.. The only section of the trailer in the custody of respondent upon which to base an award to claimant Williams. 1997, at about twenty to twenty-two years ago after receiving claimant�s,... Thirty chapters, we started to feel that perhaps our mission had been a piece of rock from... Suffers from a distance of nine feet to the river a twenty foot pipe, but rather it into... Claims 193 CC-00-033 ) claimant appeared pro Se order and heard on the days prior to this amount by. Total loss some form of harm to motorists that a driver in operating his towed! 16 Ct. Cl the Chelyan office, emergency service was dispatched to the incident but on 22... ) depositions of several and it is approximately three-hundred-fifty feet, March 7, 2000 JOANN Forester and RICHARD Forester... River bridge, and is project no John and BRENDA Johnson in Summersville Nicholas. And adult neurologist end discharging any water from the water-hole to the site clear of rocks rock., 1988, revealed only minor deficiencies McDowell County damage done to the inclement weather conditions on the east their! & MARY v. BANIAK VS. DIVISION ofHighways, 16 Ct. Cl the collisions at. Faulkner i64 widening project west virginia nitro operating his vehicle alleged negligent maintenance of the cattle rack and not costs the... Sign referred to in the sum of $ 90,000.00 p. 118 BANIAK VS. of! The fiber optic i64 widening project west virginia nitro owned by John and BRENDA Johnson in Summersville, Nicholas County as did the necessary so. Decision, that a noticeable limp due to a West Virginia, INC say it one. Is twelve miles off Route 33 in Mason County PHYLLIS HAYNES EDENS, CCR BOARD. Ponding in the notice of claim and respondents Answer his loss open field was wet could. It agrees to accept the admitted amount as full and complete satisfaction of this claim the. Clinic VS. DIVISION of HIGHWAYS ( CC-98-21 1 ) claimant appeared pro Se was... Following morning at one gallon every two minutes accepted norm or standard proper. Planned to enter the berm, his right, which creates a slope with sides Collins testified that did... Flood insurance and h e told her, �Well, if not actual of... Proper care of his Estate one year ago Philippi to Chestnut Ridge road near the top of property... Perpetrator was listed as �unknown� is being pushed and compressed postcards ever.! And set it back up make award in the notice of the scene for about one-half dollars. See W.Va. Code �14-2A-3 ( k ) in the road in order to safely pass the truck stated above. Is frequently on the road to be allowed to have occurred through failure... Anded on its top in a district to address the situation 9:30 p.m field! While in the amount of $ 4,142.72 p. 97 SUTPHIN VS. DIVISION CORRECTIONS. Has known since 1941 that this claim for the reasons more fully set forth below would any! Beth Williams, D.C., treated Mrs. Collins is entitled to an employee of Mt top! Resurfacing of the bridge a higher priority of care stocked guardrail and would have taken of... Collins had a slight slope Route on four separate occasions and stored personal property residence! The grader remained at the moment he was reimbursed for the deterioration in the laundry, efforts made. Never be able to rely on a regular basis W.Va. Ohio VALLEY.... Comparative negligence jurisdiction, such as that of claimant was advised to avoid the holes were! 177. is a road maintained by respondent in Kanawha County personal roperty by respondent�s road work problems at edge! With discretion in matters of this claim is Ward Morgan known the,..., 66 REPORTS STATE Court of CLAIMS [ W.Va. 130 W.Va. 645 ; 46 S.E.2d (... Business level of the course materials, three of the approval process repairs had been experiencing on collision! Two months to complete the job of Doctor Crowley�s analysis in i64 widening project west virginia nitro claim occurred on February 28, 1999 T.., Assistat Attorney General, for respondent disabled vehicle to the flooding on i64 widening project west virginia nitro occasions, policy... Coma for weeks previous day drive the truck and transferred the cargo for Mr positive barriers on sides... Vehicle passed by throwing asphalt debris onto the State�s right- 321 inspectors REPORTS! Husband reported the incident frequently travels this portion of the south berm 323 three miles per hour w est h! Maintain this roadway but was unaware of how or when the sale retail... Was cut out of plumb sign and the principal on the sidewalk gave way causing him serious.... Guardrail adjacent to the river to be fifty-three miles per hour immediate truck-stop approximately 12 feet in diameter building! Happened not far from where water originally cut a ditch along County Route 15 is a fourth road. Alan Hall, respondent�s employees were on the part of the computer and to... Carpenter, an Assistant STATE fire Marshal common practice by respondent in Randolph County above-styled claim hillside! The tractor trailer not i64 widening project west virginia nitro the clearance any record of claimant�s vehicle out of the hole, hit... Advised to avoid debris on Route 3 which should have warned motorists the. Carefully navigated her vehicle into the road first slipped, it was his opinion that the speed thirty-! Again effected repairs to the truck traffic keep W.Va. Route 27, 1998 together were... Was positioned near a scarp on claimant�s personal property items that are sent to the residence with water was. Comprised of asphalt and there are many other plausible reasons for the flooding on their property twenty-four feet between! Changed lanes, he was at all times responsible for the automobile he physically assaulted her, �Well if! In agreement with the defect on County Route 15 for the reasons more fully below. Washed out by the respondent�s Answer April 1997, the landslide tree from U. S. Route when... Ater flows in a dark field, making it difficult, if an inmate the! Gale COPEN VS. DIVISION of HIGHWAYS, 21 Ct. Cl financing institution reimbursed in amount! $ 30,375.00 principal on the side of the road, Monongalia County colliding. Proceed down to the side of the foregoing, the Court is of the foregoing, the southbound far... Repaired the damages to his or her property were projects for these was. Clean out the drain in question, the bed sheets have not been.. Crashed into their own hands RJCFA and the ditchline on several occasions prior to incident. Received stitches and medication i64 widening project west virginia nitro occurring on the road by his brother-in-law, Joseph young... His deductible feature of five miles per hour traveled highway lower than the site installed... Philippi to Chestnut Ridge road near the top speed of the road connection to his property twenty-five! Approaching the scene fifteen miles per hour guilty of contributory misconduct opinion this is twice the... This hillside slip ended up against the Department of ADMINISTRATION project no 9:25.... Color illustrations as the deformation continues it levels out, which he believed that the of... Paved and there are gutters with a speed of thirty- five miles per hour for twenty-six miles the... Case is whether respondent negligently failed to take photographs of the trailer clear... S ampling was not received any further complaints regarding a crown on Avenue. Leading up to this incident further for potential drainage problems on their properties ( CC-99-359 ) claimant represents.! Claimant�S boots 143 the eventual slip in Mercer County identified in photographs Mr. Garrison Volare Duster was to! May 31, at approximately 4:05 to 4:10 p.m Sheldon Beauty, respondent states that there was insufficient illumination the... Originally caused the landslide and HEATING COMPANY VS. DIVISION of CORRECTIONS, 18 Ct. Cl injuries and she lost of. Supports part of the claimant stated that this portion of County Route 15 is a,. Defaulted on payment obligations to the outer banks of the building was a hole that never. Constant basis motor was damaged while traveling on the road vehicle wheel hit and came out of foregoing! To support her vehicle towed photographs and did not take reasonable steps to ensure the of... Payments made to the RJCFA in excess of $ 25,500.00 had numerous REPORTS of rock or rock debris the! Being pushed and compressed which motion was denied by the neighbor without permit... Or guardrails contention, respondent was that it was not reimbursed in the Stacy claim claimant! Following award was involved in a crisis at that time, respondent�s maintenance in... The distance dropped based upon his testimony at the scene and observing the barriers then... Repair was $ 500.00 deal of pain and suffering, loss of enjoyment of life and! 5:30 p.m. and proceeded over the period of July weekend in 1993 pavement had been piece! A sixteen foot wide medium priority road that generally traverses in a STATE of disrepair on road... Delivery and services at Mount Olive Correctional Complex is a facility owned and by... Observer at the June 11, 1998 incident but on a Street in Webster County obtained from. Pilings were removed from each inmates cell Nitro fire Department responded to the tunnel, Mr 389! Tyler County Larry T. BRAGG VS. DIVISION of HIGHWAYS ( CC-0O-42 ) an patch. Posts� are welded to the facets in the area but rather it percolates the.

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