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West Virginia Court of Claims

Volume Number: 30
Category(s): STIPULATED CLAIMS
Opinion Issued November 26, 2013
RONALD R. SHELTZ
VS.
DIVISION OF HIGHWAYS
(10-0502)
     Claimant appeared pro se.
     Michael J. Folio, 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 April 14, 2010, the Claimant, Ronald Sheltz, was traveling along W. Va. Route 60 near St. Albans, Kanawha County, when his 1999 Chevrolet struck a large hole in the travel portion of the road.
      2. This claim arose during the course of an emergency while the Claimant was traveling to the hospital to meet his wife who was undergoing emergency medical treatment. The Claimant was following the ambulance service to the hospital.
      2. Respondent admits that it 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 $1,824.92.
      4. The Court finds that the amount of $1,824.92 is fair and reasonable.
      5. Claimant did not carry automobile insurance at the time of the incident.
      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.
      Based on the foregoing, the Court is of the opinion to make an award in this claim.
      Award of $1,824.92.
Summary:
     


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