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West Virginia Court of Claims

Volume Number: 30
Category(s): STIPULATED CLAIMS
Opinion Issued February 5, 2014
MICHAEL DOTSON AND ANDREA DOTSON
VS.
DIVISION OF HIGHWAYS
(13-0114)
     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 February 8, 2013, the Claimants, Michael and Andrea Dotson, were traveling along U.S. Route 50 near Parkersburg, Wood County, when their 2008 Jeep Grand Cherokee struck a foreign object in the travel portion of the road.
      2. Respondent was responsible for the maintenance of Route 50, 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 $290.44. The Claimants carried a $500.00 collision insurance deductible amount on the date of the incident; therefore, no limitation applies to the Claimants’ award.
      4. The Court finds that the amount of $290.44 is fair and reasonable.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Route 50 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 $290.44 in this claim.
      Award of $290.44.
Summary:
     


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