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West Virginia Court of Claims

Volume Number: 29
Category(s): BERMS
Opinion Issued October 26, 2011
     Claimant appeared pro se.
     Andrew F. Tarr, Attorney at Law, for Respondent.
      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 July 11, 2009, Claimant’s real property located at 1158 South Jefferson Drive, Huntington, Cabell County, was damaged by a flood caused by a broken culvert.
      2. Respondent is responsible for the maintenance of Jefferson Drive along with its drains and ditches, which it failed to maintain properly on the date of this incident.
      3. As a result, Claimant’s basement was flooded, causing damage to the baseboards, walls, and carpet.
      4. Respondent agrees that the amount of $2,517.68 for the damages put forth by the Claimant is fair and reasonable.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of the culvert on Jefferson Drive on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimant’s real property; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimant may make a recovery for her loss.
      It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $2,517.68 on this claim.
      Award of $2,517.68.

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