
    
      Opinion issued July 12, 1978
    
    HERMAN F. LILLY vs. DEPARTMENT OF HIGHWAYS
    (No. CC-77-133)
    
      Walton S. Shepherd, III, Attorney at Law, for claimant.
    
      Nancy J. Aliff, Attorney at Law, for respondent.
   PER CURIAM:

This claim was submitted for decision on the agreed facts set forth in a written stipulation which revealed that during the year 1971, respondent performed work on Project 6811 on Kanawha County Route 1/4 known as Angel Fork Road in Jefferson District; that respondent’s work blocked a stream on the property of the claimant causing periodic flooding; that claimant’s property was also damaged by a slip caused by work on the project; that respondent had knowledge of the conditions caused by its work but failed to take corrective measures; that claimant employed Lovell Johnson to perform corrective work at a cost of $1,200.00. By reason of the foregoing and believing that liability exists on the part of the respondent, the Court makes an award in favor of the claimant in the amount of $1,200.00.

Award of $1,200.00.  