
    
      Opinion issued August 24, 1981
    
    UNITED STATES FIDELITY & GUARANTY COMPANY, SUBROGEE OF H & A COAL & HAULING, INC. AND H & A COAL & HAULING, INC. vs. DEPARTMENT OF HIGHWAYS
    (CC-80-258)
    No appearance by claimant.
    
      Nancy J. ADiff, Attorney at Law, for respondent.
   PER CURIAM:

Upon written stipulation to the effect that damages to claimant’s 1978 Mack truck in the amount of $1,191.35 were caused when the roadway surface of Interstate 79 near Jane Lew, West Virginia, collapsed as the truck crossed over an area under which a tunnel existed; and to the effect that this occurred because of the negligence of the respondent in failing to properly maintain said highway, proximately causing the damages sustained, the Court finds the respondent liable, and awards the claimant the amount agreed upon by the parties.

Award of $191.35 to United States Fidelity & Guaranty Company.

Award of $1,000.00 to H & A Coal & Hauling, Inc.  