OPINION ISSUED AUGUST 8, 1988
FRED MATTHEY
VS.
DEPARTMENT OF CORRECTIONS
(CC-87-9)
Claimant appeared in person.
Robert D. Pollitt, Senior Assistant Attorney General, for
respondent.
PER CURIAM:
The claimant seeks $2,494.11 for expenses and personal property
which
was stolen by
juveniles who had escaped from Salem Industrial Home, a facility of
the
respondent. On
November 6, 1986, claimant was hunting. For that reason, he left
his
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
missing.
Two weeks following
this incident, after claimant had changed the locks on his home, it
was
broken into again. He
alleges that respondent was negligent for permitting the juveniles
to
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
been
damaged. He also
described the missing items, among which were guns, knives, and
carpenter tools.
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,
and
stole property.
Claimant's home is approximately two miles southwest of Salem.
The Court cannot concur with the claimant's contention. The damage
to
claimant's automobile
and the theft would not have occurred had the claimant not left the
keys
in an accessible location
outside of his home.
Claim disallowed.