Legal Opinion

Hamilton v. Department of Highways

West Virginia Court of Claims

Decided October 10, 1980No. CC-80-85Published

1Opinion of the Court

RULEY, JUDGE:

On December 13, 1979, at approximately 7:40 a.m., the claimant *264was driving his 1978 Pontiac automobile east on Route 60 toward Huntington in Mason County when he came upon a flooded portion of the road. He applied his brakes, but his car hydroplaned into the car in front of him, which was stopped in the water. The claimant was traveling between 40 and 45 miles per hour before he hit the water, and his car was damaged to the point of being a total loss. The claimant seeks to recover $3,739.00, which is the book value of his automobile, plus towing charges, minus $500.00 the…

2Cases cited2 opinions

  1. Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
  2. Atkinson v. Department of HighwaysWest Virginia Court of Claims · 1979

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