|Volume Number: 30
Category(s): STIPULATED CLAIMS
|Opinion Issued January 20, 2014|
|THOMAS D. WILLIS AND DUSTY WILLIS|
|DIVISION OF HIGHWAYS|
Claimants appeared pro se.
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. On January 30, 2013, the Claimants, Thomas and Dusty Willis, were traveling along County Route 19/2 near Enterprise, Harrison County, when their 2008 Hyundai Accent struck a large hole in the travel portion of the road.
2. Respondent was responsible for the maintenance of County Route 19/2, which it failed to maintain properly on the date of this incident.
3. As a result of this incident, Claimants’ vehicle sustained damage in the amount of $767.34. The Claimants carried a $250.00 collision deductible amount on the date of the incident; therefore, Claimants are limited to an award in the amount of their deductible.
4. The Court finds that the amount of $250.00 is fair and reasonable.
The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of County Route 19/2 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimants’ vehicle; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimants may make a recovery for the damage.
It is the opinion of the Court of Claims that the Claimants should be awarded the sum of $250.00 in this claim.
Award of $250.00.