OPINION ISSUED OCTOBER 4, 1989
BENJAMIN F. CLANSY AND BULA D. CLANSY
DEPARTMENT OF HIGHWAYS
Claimants appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
This claim was submitted to the Court for decision upon an oral stipulation presented the Court on
July 13, 1989.
Claimants are the owners of property located on West Virginia State Route 10 in the vicinity of
Logan. Sometime prior to April 10, 1989, respondent was engaged in the continuous maintenance
of a hole on State Route 10 in front of claimants' house. The cold mix placed in the hole by
employees of the respondent was cast out by vehicles onto claimants' house which caused damage
to the siding of the house, an aluminum door, a window, and trim on the house. The cost of repair
was estimated to be approximately $1,256.10. Respondent admits negligence in the maintenance of
the road and that the amount of $1,256.10 is a fair and reasonable amount for the repairs.
In view of the foregoing, the Court makes an award to claimants in the amount of $1,256.10.
Award of $1,256.10.