OPINION ISSUED DECEMBER 20, 2000
DIVISION OF HIGHWAYS
Larry O. Ford, Attorney at Law, for claimant.
Andrew F. Tarr & Xueyan Zhang, Attorneys at Law, for
This claim was submitted to the Cour for decision upon a
Stipulation entered into by counsel on behalf of the parties
wherein certain facts and circumstances of the claim were agreed to
1. On December 14, 1998, claimant Robert Dean was a pedestrian
crossing a bridge over the Coal River near St. Albans in Kanawha
County. While crossing the bridge, Mr. Dean stepped into a hole in
the walkway and was injured.
2. On the date in question, respondent was responsible for
the maintenance of the bridge on U. S. Route 60 that crosses the
Coal River near St. Albans, Kanawha County, and was aware of the
condition of the bridge.
4. As a result of this incident, claimant sustained personal
injuries. The damages exceeded the amount of $15,000.00. However,
claimant agreed to settle and relinquish this claim for the amount
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 the bridge on U. S.
Route 60 in Kanawha County on the date of claimant's incident; that
the negligence of respondent was the proximate cause of the
personal injuries sustained by claimant; and that the amount of the
damages agreed to by the parties is fair and reasonable. Thus,
claimant may make a recovery for his sustained loss.
Accordingly, the Court is of the opinion to and does make an
award in the amount of $5,000.00.
Award of $5,000.00.