OPINION ISSUED AUGUST 10, 1987
WEST VIRGINIA SAFETY COUNCIL, INC.
DEPARTMENT OF HIGHWAYS
John F. Bennett, Representative, appeared for claimant.
Nancy J. Aliff, Attorney at Law, for respondent.
Claimant, by purchase orders dated 12/18/84 and 5/13 85, agreed to
provide respondent with
materials for the periods of time of January 14, 1985 - March 15,
and May 1, 1985 -
December 30, 1985. Included in these materialize were three
films. These films were not
returned to claimant, and claimant now seeks $300.00 as
for the films.
John F. Bennett, Executive Director of the West Virginia Safety
Council, Inc., testified that
films are not purchased under a training program, but only leased
one-year period of time.
When the initial purchase of a training program kit is made, the
one-year lease is included. He
submitted a copy of the order form identifying the one-year lease
page from an NSC
catalogue which clearly identifies it as a film lease. He stated
had supplied these
documents to respondent's employee, John Sinfield. Mr. Bennett
that respondent paid
$16,500.00 for the materialize and instruction which included a
or freight charge.
Respondent offered no evidence to dispute the fact that the films
question were not returned
to the claimant. Respondent failed to prove that the missing films
to a part of the materials
and instruction provided the agency and need not be returned to the
claimant. The Court
therefore makes an award in the amount of $300.00.
Award of $300.00.