Legal Opinion

Hull v. Department of Highways

West Virginia Court of Claims

Decided May 11, 1981No. CC-80-238PublishedCited by 5 opinions

1Opinion of the Court

WALLACE, JUDGE:

Claimant seeks compensation from the respondent for damages sustained to his boat trailer after striking a pothole.

The claimant lives south of Chelyan, West Virginia, on W.Va. Route 61/3. At approximately 2:30 p.m. on April 6, 1980, he drove out of his driveway and proceeded southerly on Route 61/3, pulling his boat on a trailer. There was a pothole extending from the berm into the highway approximately 12 inches and located 126 feet south of his driveway. The claimant testified that he drove into the hole at two miles per hour and that the trailer sustained damages in the…

2Cases cited3 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Davis v. Department of HighwaysWest Virginia Court of Claims · 1977
  3. Bayer v. Department of HighwaysWest Virginia Court of Claims · 1981

3Cited by5 opinions

  1. Spatafore v. Department of HighwaysWest Virginia Court of Claims · 1981
  2. Edwards v. Department of HighwaysWest Virginia Court of Claims · 1983
  3. Elam v. Department of HighwaysWest Virginia Court of Claims · 1984
  4. Lewis v. Department of HighwaysWest Virginia Court of Claims · 1981
  5. Sayre v. Department of HighwaysWest Virginia Court of Claims · 1984

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