Legal Opinion

Depta ex rel. Depta v. Division of Highways

West Virginia Court of Claims

Decided December 27, 2004No. CC-02-163PublishedCited by 1 opinion

1Per curiam

Claimants brought this action for damages related to an incident that occurred when 8 year old Andrea Depta (hereafter referred to as Andrea) fell off a bridge over Buffalo Creek near Kistler in Logan County. The bridge is maintained by respondent. The Court is of the opinion to make an award in this claim for the reasons more fully stated below.

The incident giving rise to this claim occurred on August 25, 2001. Claimant Andrea Depta, who had celebrated her 8th birthday about a month before the time of the accident, was standing on her bicycle on the bridge over Buffalo Creek looking for…

2Cases cited7 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Chapman v. Department of HighwaysWest Virginia Court of Claims · 1986
  3. Matthews v. Cumberland & Allegheny Gas Co.West Virginia Supreme Court · 1953
  4. Roush v. JohnsonWest Virginia Supreme Court · 1954
  5. Sutton v. Monongahela Power Co.West Virginia Supreme Court · 1967

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3Cited by1 opinion

  1. Wayne v. United StatesUnited States Court of Claims · 1891

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