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West Virginia Court of Claims

Volume Number: 30
Opinion Issued August 27, 2013
     Kenneth E. Webb Jr., Attorney at Law, for Claimant.
     Michael J. Folio, Attorney at Law, for Respondent.
      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. Claimant resides on 39th Street, East, Nitro, West Virginia (“Property”).
      2. A drain pipe runs through the Property. Claimant alleges that Respondent is responsible for maintaining such pipe or drainage pipes connected or appurtenant to such pipe.
      3. The pipe on the Property became clogged and a sink hole developed on the Property. Claimant alleges that Respondent caused and/or contributed to the development of the sink hole on the Property.
      4. The Respondent contends that it is not responsible for the development of the sink hole on the Property, but Respondent’s investigation has revealed that Respondent has in the past maintained a drainage pipe on an adjoining property owner’s land. As such, the Respondent has concluded that based on these limited facts and for this one time that it has a moral obligation to remediate the sink hole on the Property.
      5. Claimant has incurred approximately $8,500.00 to remediate the sink hole. As a compromise of this claim, the parties agreed that Respondent will admit to the amount of $4,250.00 as a full and complete settlement; a compromise and resolution of all matters in controversy between the parties; and a full and complete satisfaction of any and all past and future claims that the Claimant may have against Respondent arising from the matters described in said claim.
      It is the opinion of the Court of Claims that Respondent was negligent in its failure to maintain the drain pipe, and the Claimant should be awarded the sum of $4,250.00in this claim.
      Award of $4,250.00.

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