OPINION ISSUED SEPTEMBER 25, 1986
ARTHUR L. CORNETTE, JR.
DEPARTMENT OF HIGHWAYS
Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
Claimant seeks $483.02 for damages to his automobile, a 1976 Honda
Civic Wagon. On
February 11, 1985, claimant had parked his vehicle on the third
a multilevel municipal
parking lot in Beckley. The vehicles are parked under a cement
structural building. There is no
artificial lighting. It was damp, moist, and cold, and there was
present on February 11, 1985.
Claimant testified that his vehicle was between the third and
levels of the structure and
proceeding down toward the exit when the vehicle slid on ice and
collided with another vehicle.
The other vehicle was proceeding from the lower entrance level to
upper levels. Claimant's
vehicle sustained damages to its left fender, left part of the
and part of the frame.
Claimant was travelling at approximately 12 miles per hour and was
utilizing the vehicle's
headlights when this incident occurred.
The incident occurred inside the municipal parking structure
by the City of Beckley.
A 'municipality' is defined in W.Va. Code 8-1-2(a)(1) as including
Class I, Class II and
Class III city and any Class IV town or village. The city of
included in this
classification. The definition of "State agency" specifically excludes
"municipalities." W.Va. Code
14-2-3. This Court lacks jurisdiction over this claim, and
disallows the claim.