OPINION ISSUED JULY 29, 1986
CLETON E. MYERS
VS.
DEPARTMENT OF HIGHWAYS
(CC-85-52)
Claimant appeared in person.
Andrew Lopez, Attorney at Law, for respondent.
PER CURIAM:
This claim came on for hearing on October 4, 1985, upon the facts
and
respondent's Motion
to Dismiss.
The basis of the Motion to Dismiss is that the claim is barred by
the
statute of limitations.
Claimant alleges that on August 19, 1981, as a mechanic employee of
respondent, he had stored
his work tools in respondent's shop, his place of employment in
Thomas,
Tucker County, in a
locked tool box in a cabinet. The shop was burglarized and his
tools and
respondent's dump
truck were stolen. Claimant submitted an evidentiary list for the
lost
tools. The cost of the tools
offset by claimant's insurance recovery amounts to $1,441.24.
Claimant
originally filed the claim
in the amount of $1,700.00.
Respondent moved to dismiss the claim as it is barred by the
applicable
statute of limitations.
Under W.Va. Code 55-2-12, this claim must have been brought within
two
years from the date
of the injury. Claimant filed this claim on February 20, 1985.
The Court, under the provisions of W.Va.Code 14-2-21, does not
have
jurisdiction over a
claim which is not filed within the time specified by the
applicable
statute of limitations. Frisco vs.
Department of Natural Resources, 13 Ct.Cl. 287 (1980). The
claimant's
failure to file this claim
within a two-year period after April 19, 1981 requires this Court
to
dismiss the claim.
The respondent's motion to dismiss is sustained.
Claim dismissed.
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