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West Virginia Court of Claims

Volume Number: 29
Category(s): BERMS
Opinion Issued October 26, 2011
WILMA JEAN BEEGLE-GERMAN
VS.
DIVISION OF HIGHWAYS
(CC-10-0103)
     Claimant 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 Claimant and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
      1. On January 13, 2010, Claimant’s 2007 Ford 500 struck a hole in the road on WV Route 87 towards Ripley, Mason County.
      2. Respondent is responsible for the maintenance of WV Route 87 which it failed to maintain properly on the date of this incident.
      3. As a result, Claimant’s vehicle sustained damage to the right front rim and tire in the amount of $460.04. Claimant’s insurance deductible was $500.00.
      4. Respondent agrees that the amount of $460.04 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 WV Route 87 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimant’s vehicle; 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 $460.04 on this claim.
      Award of $460.04.
Summary:
     


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