OPINION ISSUED OCTOBER 4, 1985
ANDREW CHIMEZIE IMEGI
BOARD OF REGENTS
Claimant appeared in person.
Robert D. Pollitt, Assistant Attorney General, for respondent.
Claimant was a student resident of Arnold Apartments of West
Virginia University from June 1983 to May of 1984. He resided in
apartment 704 and was assigned use of a storage cubicle number 803
on the ground floor. Although the building design included a
storage cubicle for each apartment unit, some of the storage
cubicles were being used by the University, and some had items in
them belonging to residents who had vacated apartments. Thus, the
available storage cubicles were assigned, upon request for same, on
a basis of availability. The resident, to whom a storage cubicle
was assigned, was expected to secure his property with his own
lock. No lease contract or other item was placed in evidence to
show any imposition of responsibility upon the University, or
apartment management, for the safekeeping of property stored in the
At some time in March or May of 1984, claimant found that his
assigned storage cubicle had been taken over by another student
resident and that his previously stored belongings were missing.
Upon inquiry, he was advised that the cubicle had been found empty
and unsecured and had been reassigned. In May of 1984, finding a
storage cubicle empty and unsecured, he had placed some of his
belongings in that cubicle, without having it assigned to him, and
later he found that those belongings were gone.
His testimony proved nothing but his suspicions that his property,
on both occasions, had been disposed of by apartment management
There being no evidence of responsibility of the University for
safekeeping of claimant's property, nor of any negligence or
willful misconduct on the part of the University, this claim for
$1,000 is disallowed.