Legal Opinion

McDonnell v. Department of Highways

West Virginia Court of Claims

Decided August 6, 1981No. CC-81-31Published

1Opinion of the Court

WALLACE, JUDGE:

Claimant filed this claim against the respondent in the amount of $131.78 for damage to his 1980 Toyota Corolla automobile.

On November 17, 1980, claimant was driving his son’s automobile westerly on Interstate 64. His son was following him in claimant’s automobile. At 10:00 p.m., while crossing Rocky Step Bridge at approximately milepost 41, he noticed in his rearview mirror his son blinking his lights. He pulled off the highway and his son stopped behind him and stated that he had a flat tire. They changed the tire and proceeded on. The next morning, the claimant examined the…

2Cases cited4 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Parsons v. State Road CommissionWest Virginia Court of Claims · 1969
  3. Eller v. Department of HighwaysWest Virginia Court of Claims · 1981
  4. Miller v. Department of HighwaysWest Virginia Court of Claims · 1981

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