Legal Opinion

Drain v. Division of Highways

West Virginia Court of Claims

Decided December 19, 1996No. CC-96-345Published

1Per curiam

The claimant, Steven B. Drain, seeks an award of $130.00 from the respondent, Division of Highways, for damage to a-tire. The damage ocourred on July 8, 1996, at 2:30 p.m., while the claimant was driving on Route 36, also known as the Opekiska Road, in Mdnongalia County.' At this time, the claimant was following approximately 100 feet behind a tar and chip machine when a tire on his vehicle began losing air and immediately went flat.1 The claimant stopped his vehicle and discovered a piece of glass had cut one of his tires-. The claimant’s testimony- indicated that the tar and-chip…

2Cases cited3 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Hobbs v. Department of HighwaysWest Virginia Court of Claims · 1979
  3. Adams v. Department of HighwaysWest Virginia Court of Claims · 1982

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