OPINION ISSUED OCTOBER 25, 1985
TRI-CITY WELDING SUPPLY COMPANY
DEPARTMENT OF CORRECTIONS
David C. Simmons appeared on behalf of claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.
Claimant company has supplied cylinders to the West Virginia
Industrial School for Boys at Grafton over a twenty-year period.
Claimant company is alleging a loss of $1,368.00 as a result of
eight cylinders which were loaned to the school between 7/18/73 and
2/2/83, and never returned to Tri-City.
Claimant company's representative, Daniel C. Simmons, testified
that he could not establish by date or serial number the time of
delivery of the eight missing cylinders to the school by Tri-City.
Claimant company's representative agreed that he could not provide
proof of the age of each missing cylinder. Mr. Simmons provided the
Court with the replacement costs only of the cylinders, and was not
aware of the actual cost of the eight missing cylinders, nor could
he document the date when the missing cylinders were lost.
Furthermore, the record shows that the balance of missing cylinders
was created in 1975. Mr. Simmons lacks signed receipts showing
delivery of cylinders for the 1975 time period.
Mr. Paul Gabel, Deputy Superintendent of the school testified that
in closing out accounts, he discovered that there were in existence
neither delivery slips nor serial numbers for the missing tanks.
It is the Court's opinion that the facts as presented do not
support the claimant's claim by a preponderance of the evidence.
Accordingly, the Court disallows the claim.