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West Virginia Court of Claims

Volume Number: 30
Category(s): STIPULATED CLAIMS
Opinion Issued December 26, 2013
DAVID R. KEITH
VS.
DIVISION OF HIGHWAYS
(12-0366)
     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 April 11, 2012, the Claimant’s property was damaged by a fallen tree limb located along U.S. Route 60 near Culloden, Cabell County.
      2. Respondent was responsible for the maintenance of the right-of-way along U.S. Route 60, which it failed to maintain properly on the date of this incident.
      3. As a result of this incident, Claimant’s fence sustained damage in the amount of $1,150.10. The Claimant carries a homeowner’s insurance policy with a $1,000.00 deductible amount; therefore, Claimant is limited to an award in that amount.
      4. The Court finds that the amount of $1,000.00 is fair and reasonable.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of at least one tree along U.S. Route 60 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimant’s property; 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 $1,000.00 in this claim.
      Award of $1,000.00.
Summary:
     


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