|Volume Number: 29
Category(s): FALLING ROCKS AND ROCKS
|Opinion Issued February 14, 2013|
|CHARLES A. TYREE|
|DIVISION OF HIGHWAYS|
Claimant appeared pro se.
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 May 8, 2012, the Claimant, Charles Tyree, was traveling along W. Va. Route 50 near Ellenboro, Ritchie County, when his 2001 Subaru Forester struck a rock in the travel portion of the road.
2. Respondent was responsible for the maintenance of W. Va. Route 50, which it failed to maintain properly on the date of this incident.
3. As a result of this incident, Claimant’s vehicle sustained damage in the amount of $1,452.11. The Claimant carried only liability insurance on the date of the incident; therefore, no limitation applies to the Claimant’s award.
4. The Court finds that the amount of $1,452.11 is fair and reasonable compensation for Claimant’s damage.
The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of W. Va. Route 50 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 the damage.
It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $1,452.11 in this claim.
Award of $1,452.11.