|Volume Number: 30
Category(s): STIPULATED CLAIMS
|Opinion Issued July 3, 2013|
|DALE A. FOX|
|DIVISION OF HIGHWAYS|
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 June 13, 2012, the Claimant, Dale Fox, was traveling along W. Va. Route 60 near Montgomery, Fayette County, when his 2009 Mercedes E350 struck a large hole in the travel portion of the road.
2. Respondent was responsible for the maintenance of W. Va. Route 60, 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 $1,378.50. The Claimant’s collision insurance requires a $250.00 deductible amount; therefore, Claimant is entitled only to an award equal to the amount of his deductible.
4. The Court finds that the amount of $250.00 is fair and reasonable.
The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of W. Va. Route 60 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 $250.00 in this claim.
Award of $250.00.