IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA
DIVISION OF HIGHWAYS
Eric M. Gordon, Attorney at Law, for claimant.
Andrew Tarr, Attorney at Law, for respondent.
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 October 12, 1999, claimant was crossing Alternate Route 2, also known as Main Street,
near its intersection with 14th Street in Wheeling, Ohio County, when she stepped into a hole causing her
2. Respondent was responsible for the maintenance of Alternate Route 2, in Wheeling, Ohio
County and respondent failed to maintain properly Alternate Route 2 on the date of this incident.
3. As a result of this incident, claimant was injured and incurred medical bills in the amount of
4. Respondent agrees that the amount of $614.50 for medical bills as put forth by the claimant is
fair and reasonable. In addition, respondent has stipulated that claimant be paid $885.50 for pain and
The Court has reviewed the facts of the claim and finds that respondent was negligent in its
maintenance of Alternate Route 2 in Ohio County on the date of this incident; that the negligence of
respondent was the proximate cause of claimant's injuries; and that the amount of the damages agreed to
by the parties is fair and reasonable. Thus, claimant may make a recovery for her loss.
Accordingly, the Court is of the opinion to and does make an award in the amount of $1,500.00.
Award of $1,500.00.