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West Virginia Court of Claims

Volume Number: 30
Category(s): STREETS AND HIGHWAYS
Opinion Issued August 27, 2013
JON DANIELS, AND JOHNATHAN DANIELS, AN INFANT WHO SUES THROUGH HIS PARENT AND NEXT FRIEND, JON DANIELS
VS.
DIVISION OF HIGHWAYS
(CC-10-0689)
     Samuel F. Hanna, Attorney at Law, for Claimants.
     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 Claimants and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
      1. Respondent is responsible for the maintenance of Route 99 in Boone County, West Virginia, including maintenance of any guardrails present in the area.
      2. On April 8, 2010, Jon Daniels was operating a 1994 Ford Ranger truck westbound on Route 99 in Boone County, West Virginia;
      3. Johnathan Daniels, who was 13 on April 8, 2010, was traveling in the passenger seat of the aforementioned motor vehicle;
      4. While exiting a curve on Route 99, Jon Daniels struck a section of guardrail which was protruding onto the westbound lane of travel.
      5. After striking the guardrail, the aforementioned motor vehicle flipped onto its top, rolled onto its right side and slid down the westbound lane of Route 99; and
      6. As a result of the above-described motor vehicle accident, both Jon Daniels and Johnathan Daniels suffered personal injuries and other damages.
      7. Respondent has agreed to settle the claims of both Jon Daniels and Johnathan Daniels.
      8. Claimants and Respondents have agreed that in this particular incident and under these particular circumstances, that a total award of Fifteen Thousand Five Hundred Dollars ($15,500.00) is a fair and reasonable amount to settle this claim.
      9. The parties to this claim have agreed that the total sum of Fifteen Thousand Five Hundred Dollars ($15,500.00) to be paid by Respondent to the Claimants, in Claim No. CC-10-0689, will be a full and complete settlement, compromise and resolution of all matters in controversy in said claim and full and complete satisfaction of any and all past and future claims Claimants may have against Respondent arising from the matters described in such claim.
      10. Out of the Fifteen Thousand Five Hundred Dollar ($15,500.00) settlement, Claimant Jon Daniels shall receive seventy per cent (70%) of the amount which totals Ten Thousand Eight Hundred Fifty Dollars ($10,850.00).
      11. The infant, Johnathan Daniels, shall receive the remaining thirty per cent (30%) of the amount which totals Four Thousand Six Hundred Fifty Dollars ($4,650.00).
      12. As of the date of this Stipulation, Johnathan Daniels is sixteen (16) years of age.
      13. Pursuant to the direction of this Court, the infant’s portion of the settlement shall be placed in an interest bearing account at a federally insured banking institution and shall remain there until such time as the infant turns the age of eighteen (18).
      It is the opinion of the Court of Claims that the Respondent was negligent in its maintenance of the guardrail located along Route 99, and the Claimants should be awarded the sum of $15,500.00.
      Award to Jon Daniels, parent and next friend of infant, Johnathan Daniels, $10,850.00.
      Award to Johnathan Daniels, infant, $4,650.00.
     
Summary:
     


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