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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): STREETS AND HIGHWAYS, STIPULATED CLAIMS
Opinion Issued August 19, 2014
LONNIE WILCOXEN JR.
VS.
DIVISION OF HIGHWAYS
(CC-08-0503)
     Michael L. Glasser, Attorney at Law, for Claimant.
     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 Claimant and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
      1. Respondent is responsible for maintenance of U.S. Route 60 in Cabell County, West Virginia.
      2. On June 13, 2008, the Claimant was operating a 1999 Yamaha motorcycle on U.S. Route 60 in Cabell County, West Virginia.
      3. At approximately 11:35 p.m., while traveling on U.S. Route 60, the Claimant lost control of his motorcycle when he came upon a large amount of mud in the roadway.
      4. The Claimant was thrown from his motorcycle and incurred damages to his motorcycle and suffered personal injuries.
      5. Claimant has alleged that the Respondent is responsible for his damages and personal injuries because after clearing the ditch lines along U.S. Route 60, the Respondent failed to adequately clean the mud off of the roadway.
      6. Claimant and Respondent have agreed that in this particular incident and under these particular set of circumstances, that a total award of Twenty Thousand Dollars and 00/100 cents ($20,000.00) is a fair and reasonable amount to settle this claim.
      7. The parties to this claim agree that the total sum of Twenty Thousand Dollars and 00/100 ($20,000.00) to be paid by Respondent to Claimant in Claim No. CC-08-0503 will be a full and complete settlement, compromise and resolution of all matters in controversy in said claim and full and complete satisfaction of any and all past, present, and future claims that Claimant may have against Respondent arising from the matters described in said claim.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of U.S. Route 60 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages and injuries sustained by Claimant’s vehicle and person; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimant may make a recovery for the damages.
      It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $20,000.00 in this claim.
      Award of $20,000.00.
     
Summary:
     


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