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West Virginia Court of Claims

Volume Number: 29
Category(s): BRIDGES
Opinion Issued October 26, 2011
KEITH L. LEAVENGOOD
VS.
DIVISION OF HIGHWAYS
(CC-08-0460)
     Tanya Tremble, Attorney at Law, for Claimant.
     Michael J. Folio, Attorney at Law, for Respondent.
     PER CURIAM:
      This claim was submitted to the Court for decision upon a Stipulation entered into by Claimant and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
      1. On or about October 4, 2008, Claimant fell between the roadway and a guardrail while avoiding traffic on a bridge located 0.01 miles north of County Route 6/3 in or near Metz, Marion County.
      2. Respondent is responsible for the maintenance of County Route 6/3 and its bridges in Marion County.
      3. Claimant sustained personal injuries as a result of his fall.
      4. Respondent was negligent in failing to maintain and repair the bridge and guardrail, and as such caused and/or contributed to Claimant’s personal injuries.
      5. Respondent and Claimant agree that the total sum of Four Thousand Dollars ($4,000.00) to be paid by Respondent to Claimant is a fair and reasonable settlement of this claim.
      The Court has reviewed the facts of the claim and finds that the amount of the damages agreed to by the parties is fair and reasonable. Thus, the Court is of the opinion to and does make an award in the amount of $4,000.00.
      Award of $4,000.00.
Summary:
     


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