OPINION ISSUED DECEMBER 20, 2000
LINDA D. BEAN
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Xueyan Zhang, Attorney at Law, for respondent.
This claim was submitted to the Court for decision upon a
Stipulation entered into by the parties wherein certain facts and
circumstances of the claim were agreed to as follows:
1. On February 23, 2000, at approximately 6:30 a.m. claimant
was traveling in her vehicle on Riggins Run Road in Doddridge
County when her vehicle struck rocks on the road surface. The
rocks came from a culvert that had washed out during flooding which
had occurred a few days prior to the incident.
2. On the date in question, respondent was responsible for
the maintenance of Riggins Run Road in Doddridge County and was
aware of the condition of the road surface.
4. As a result of this incident, the front driver's side tire
burst. The sustained damage was in the amount of $38.16.
5. Respondent agrees that the amount of damages as put forth
by the claimant is fair and reasonable.
The Court has reviewed the facts of the claim and finds that
respondent was negligent in its maintenance of Riggins Run Road in
Doddridge County on the date of claimant's incident; that the
negligence of respondent was the proximate cause of the damages
sustained to claimant's vehicle; 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 $38.16.
Award of $38.16.