Legal Opinion

King v. Department of Highways

West Virginia Court of Claims

Decided November 25, 1981No. CC-81-61Published

1Opinion of the Court

WALLACE, JUDGE:

At about 10:00 a.m. on November 17, 1980, th claimant, L. P. King, Jr., was operating a 1979 Thunderbird on Route 54 in Raleigh County, West Virginia. The automobile was owned by his wife, Evelyn King, who is also a claimant. Mr. King, a resident of Mullens, was taking his young son to the YMCA in Beckley. In proceeding from Lester to Glen White, the automobile was severely damaged when it struck a pothole near the edge of the road in Mr. King’s lane of travel. A written stipulation was filed by counsel for the parties reflecting that the cost of repairing the automobile…

2Cases cited4 opinions

  1. State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
  2. Davis v. Department of HighwaysWest Virginia Court of Claims · 1976
  3. Spatafore v. Department of HighwaysWest Virginia Court of Claims · 1981
  4. Piazza v. Department of HighwaysWest Virginia Court of Claims · 1981

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