OPINION ISSUED AUGUST 8, 1988
DEPARTMENT OF CORRECTIONS
Claimant appeared in person.
Robert D. Pollitt, Senior Assistant Attorney General, for
The claimant seeks $2,494.11 for expenses and personal property
was stolen by
juveniles who had escaped from Salem Industrial Home, a facility of
November 6, 1986, claimant was hunting. For that reason, he left
automobile keys under a
cushion, on the back porch of his home. That evening, as he was
preparing to retire, he
discovered that his automobile and other items of property were
Two weeks following
this incident, after claimant had changed the locks on his home, it
broken into again. He
alleges that respondent was negligent for permitting the juveniles
escape from the Home.
Claimant described his expenses which included the towing and the
storage of his automobile.
The automobile was recovered in Huntington, West Virginia. It had
damaged. He also
described the missing items, among which were guns, knives, and
Trooper C.R. Hupp testified that he investigate this incident. Two
juveniles escaped from the
Salem Industrial Home in Harrison County, entered claimant's home,
Claimant's home is approximately two miles southwest of Salem.
The Court cannot concur with the claimant's contention. The damage
and the theft would not have occurred had the claimant not left the
in an accessible location
outside of his home.