IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA
DIVISION OF HIGHWAYS
Laura R. Rose, 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 claimants and
respondent wherein certain facts and circumstances of the claim were agreed to as follows:
1. On October 29, 1999, claimant was traveling northbound on State and Local Service Route 30
near Martinsburg in Berkeley County when her vehicle encountered some gravel on the roadway causing
her to lose control of her vehicle which then struck a tree.
2. Respondent was responsible for the maintenance of State and Local Service Route 30 in
Berkeley County and respondent failed to maintain properly Route 30 on the date of this incident.
3. Respondent had been working in the area of claimant's accident and it had placed gravel on the
berm. Traffic on the road kicked some of the loose gravel onto the road surface. Respondent had
constructive, if not actual, notice of this condition.
4. As a result of this incident, claimant was injured. Claimant agrees to accept $9,000.00 as full
and complete satisfaction for her claim.
5. Respondent agrees that the amount of $9,000.00 for the damages as put forth by the claimants
is fair and reasonable.
The Court has reviewed the facts of the claim and finds that respondent was negligent in its
maintenance of Route 30 in Berkeley County on the date of this incident; that the negligence of respondent
was the proximate cause of the damages sustained to claimant; 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 $9,000.00.
Award of $9,000.00.