Legal Opinion

Hoskins v. Department of Highways

West Virginia Court of Claims

Decided December 22, 1977No. CC-76-79PublishedCited by 10 opinions

1Opinion of the Court

RULEY, JUDGE:

On Thursday evening, June 17, 1976, an automobile driven by the claimant struck a large hole in the inside, eastbound lane of Route 1-70, just beyond the Wheeling Tunnel. The claimant alleges that respondent’s negligence caused the resulting damage to her vehicle, and seeks an award in the amount of $181.75.

Although this case closely resembles Davis Auto Parts v. Department of Highways, 12 Ct. Cl. 31 (1977), one essential element of proof in Davis is not present in this case. In Davis, the evidence indicated that the defect in Route 1-64 had been present for at least 15 hours…

2Cases cited6 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Davis v. Department of HighwaysWest Virginia Court of Claims · 1977
  3. Lowe v. Department of HighwaysWest Virginia Court of Claims · 1971
  4. Varner v. State Road CommissionWest Virginia Court of Claims · 1970
  5. United States v. JusticeSupreme Court of the United States · 1872

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Hicks v. Department of HighwaysWest Virginia Court of Claims · 1980
  2. Farley v. Department of HighwaysWest Virginia Court of Claims · 1986
  3. Master v. Department of HighwaysWest Virginia Court of Claims · 1989
  4. McGraw v. Department of HighwaysWest Virginia Court of Claims · 1989
  5. Morton v. Department of HighwaysWest Virginia Court of Claims · 1989

5 more not listed; retrieve them via the Exa API.

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