|Volume Number: 30
Category(s): STIPULATED CLAIMS
|Opinion Issued July 3, 2013|
|CANDICE B. CRANE AND KEVIN L. CRANE|
|DIVISION OF HIGHWAYS|
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 September 16, 2006, the Claimants, Kevin and Candice Crane, were traveling along Route 9 near Williamsburg, Greenbrier County, when their 2006 Ford Fusion struck a large hole in the travel portion of the road.
2. Respondent was responsible for the maintenance of Route 9, which it failed to maintain properly on the date of this incident.
3. As a result of this incident, Claimants’ vehicle sustained damage in the amount of $748.23. The Claimant’s collision insurance requires a $500.00 deductible amount; therefore, Claimants are limited to an award in the amount of their deductible.
4. The Court finds that the amount of $500.00 is fair and reasonable.
The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Route 9 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 damages agreed to by the parties is fair and reasonable. Thus, Claimants may make a recovery for the damage.
It is the opinion of the Court of Claims that the Claimants should be awarded the sum of $500.00 in this claim.
Award of $500.00.