State Farm Mutual Automobile Insurance v. West Virginia Department of Highways

PETROPLUS, JUDGE:

This case was submitted upon Petition, Answer and Stipulation between the parties, setting forth the following undisputed facts:

On April 19, 1968, while the Respondent was operating a 1960 Ford Dump Truck on Riverside Drive, Route 52, in Welch, West Virginia, the outside section of the rim of the left rear *170wheel of the Respondent’s vehicle broke off and struck the side of the automobile of Sarah G. Romans while the vehicles were passing each other, thereby causing damage to the Romans’ automobile in the agreed amount of $168.83.

The Answer of the Respondent denies any…