|Volume Number: 30
Category(s): STREETS AND HIGHWAYS
|Opinion Issued July 3, 2013|
|DIVISION OF HIGHWAYS|
Claimant appeared pro se through his wife, Rachel Mendoza.
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 October 30, 2012, the Claimant, Jason Howard, and his wife, Rachel Mendoza, were traveling along Robert C. Byrd Drive near Beckley, Raleigh County, when his 2008 Subaru Outback struck a large hole in the travel portion of the road.
2. Respondent was responsible for the maintenance of Robert C. Byrd Drive, 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 $159.37. The Claimant’s collision insurance requires a $500.00 deductible amount; therefore, no limitation applies to the Claimant’s award.
4. The Court finds that the amount of $159.37 is fair and reasonable.
The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Robert C. Byrd Drive 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 $159.37 in this claim.
Award of $159.37.