| Volume Number: 30
Category(s): STREETS AND HIGHWAYS, STIPULATED CLAIMS |
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| Opinion Issued December 18, 2014 | |
| SARA M. CLOER AND WILLIAM THOMAS CLOER III | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-14-0826) | |
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Claimants appeared pro se. C. Brian Matko, Attorney at Law, for Respondent. |
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| 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 April 4, 2014, the Claimants, Sara and William Cloer, were traveling along Pennsylvania Avenue in St. Albans, Kanawha County, when their 2007 Honda Accord struck a series of holes in the travel portion of the road. 2. Respondent was responsible for the maintenance of Pennsylvania Avenue, 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 $251.06. The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of Pennsylvania Avenue 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. The Court has requested that the Claimants provide the Court with a copy of their insurance declarations page which document was received by the Court and states that the Claimants have a collision deductible of $1,000.00, therefore, Claimants may make a recovery in this claim in the full amount of $251.06. It is the opinion of the Court of Claims that the Claimants’ claim should be made an award of $251.06. Award of $251.06. |
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| Summary: |
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