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West Virginia Court of Claims

Volume Number: 29
Category(s): BERMS
Opinion Issued October 26, 2011
DONALD CROSEN
VS.
DIVISION OF HIGHWAYS
(CC-10-0534)
     Claimant appeared pro se.
     C. Brian Matko, 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 August 5, 2010, Claimant’s 1991 Harley Davidson FXSTS struck a hole in the road on Myers Street in Berkeley Springs, Morgan County.
      2. Respondent is responsible for the maintenance of Myers Street which it failed to maintain properly on the date of this incident.
      3. As a result, Claimant’s motorcycle sustained damage to the front wheel and tire in the amount of $3,300.00. Claimant’s insurance deductible was $250.00
      4. Respondent agrees that the amount of $250.00 for the deductible 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 Myers Street 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 his loss.
      It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $250.00 on this claim.
      Award of $250.00.
Summary:
     


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