OPINION ISSUED DECEMBER 15, 1988
CHRISTOPHER LEE UMBERGER
DEPARTMENT OF CORRECTIONS
Claimant appeared in person.
Timothy Murphy, Special Assistant Attorney General, for
Claimant was transferred from the Moundsville institution to the
Martinsburg institution on July
10, 1986. At that time his personal property was inventoried and
in a holding cell. Upon
his return on July 11, 1986, he discovered that a number of items
missing. He seeks
$356.44 which amount represents the value of the lost property.
Claimant testified that the missing items included: NuBalance
Stetson eye glasses,
two Reebok sweat pants, and two Reebok sweat tops, and two pairs of
Respondent's counsel admits that the value of the property equals
$270.00. Claimant was
unable to submit receipts or cancelled checks for confirmation of
worth of the items. He
stated that he lost everything at the time of his arrest.
Respondent's counsel asserted that the value of the eye glasses
less than the amount
stated. The clothing is at least four months old, and the value of
clothing should be reduced
accordingly due to its age.
It is the opinion of the Court that respondent's counsel failed to
present evidence of the value
of the disputed items, with the exception of the statement
the age of the items. The
Court finds that the fair value of the items is $300.00; therefore,
Court makes an award to
claimant in the amount of $300.00.
Award of $300.00.