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West Virginia Court of Claims

Volume Number: 29
Category(s): BERMS
Opinion Issued October 26, 2011
JARED B. KNIGHT AND MARY M. HANNA
VS.
DIVISION OF HIGHWAYS
(CC-09-0332)
     Claimants appeared pro se.
     Andrew F. Tarr, Attorney at Law, for Respondent.
     PER CURIAM:
      This claim was submitted to the Court for decision upon a Stipulation entered into by Claimants and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
      1. On June 12, 2009, Claimants were traveling County Route 72, locally designated as Millstone Road, in Gallipolis Ferry, Mason County, when their vehicle struck a hole causing damage to two wheels and tires.
      2. Respondent is responsible for the maintenance of County Route 72 which it failed to maintain properly on the date of this incident.
      3. As a result, Claimants’ vehicle sustained damage in the amount of $1,183.00. Claimant’s insurance deductible was $1,000.00.
      4. Respondent agrees that the amount of $1,000.00 for the deductible put forth by the Claimants is fair and reasonable.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Route 72 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimants’ vehicle; and that the amount of the damages agreed to by the parties is fair and reasonable. Thus, Claimants may make a recovery for their loss.
      Accordingly, the Court is of the opinion to and does make an award to the Claimants in the amount of $1,000.00.
      Award of $1,000.00.
Summary:
     


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