OPINION ISSUED NOVEMBER 1, 2000
WEST VIRGINIA UNIVERSITY HOSPITALS, INC.
DIVISION OF CORRECTIONS
Claimant appeared pro se.
Joy M. Bolling, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and respondent's Answer.
Claimant seeks payment in the amount of $117,927.64 for
medical services rendered to an inmate in the custody of respondent
at Mount Olive Correctional Complex, Fayette County. Respondent, in
its Answer, admits the validity of the claim, but states that there
were insufficient funds in its appropriation for the fiscal year in
question from which to pay the claim.
While the Court believes that this is a claim which in equity
and good conscience should be paid, the Court further believes that
an award cannot be recommended based upon the decision in Airkem
Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180
ORDER ENTERED NOVEMBER 30, 2000
IN THE COURT OF CLAIMS STATE OF WEST VIRGINIA
CAMERON GAS COMPANY
V. CLAIMS NO.:
CC-99-363 & CC-99-377
WEST VIRGINIA DEPARTMENT
OF ADMINISTRATION, PURCHASING DIVISION,
CONSENT ORDER AND AWARD
On the 3Oth day of November, 2000, the parties to this action,
Claimant Cameron Gas Company and Respondent West Virginia
Department of Administration, Purchasing Division reached an
agreement regarding the above two (2) styled claims currently
before this Court. The parties hereby request the Court enter this final resolution of the claims of the parties asserted in these
Upon consideration of the following the agreements of the parties
hereto, the arguments of counsel, and the consent of the Secretary
of the Department of Administration, it is hereby ADJUDGED,
ORDERED, AND DECREED;
I .The Respondent hereby agrees to pay the Claimant the sum of
one hundred thousand dollars ($ 1 00,000.00) as full and complete
satisfaction of both of the above styled claims filed with this
2. All claims filed in these actions by Claimant will be released
according to law upon Claimants's receipt of the settlement
proceeds set forth herein.
3. The parties acknowledge the actual payment of one hundred
thousand dollars ($ 1 00,000.00) is contingent upon this Consent
Order and Award being approved by the Legislature of the State of
West Virginia. The award shall be paid from special revenue funds.
4. The parties hereby state that this Consent Order and Award is
a compromised settlement for disputed claims within this Court.
Claimant agrees that payment of settlement amount constitutes full
and complete satisfaction of both claims, i.e., CC-99-363 and
5. By execution of this Consent Order and Award the Department of
Administration represents that it is in the best interest of the
State of West Virginia to resolve the above claims referenced
herein pursuant to the terms of this Consent Order and Award,
Upon consideration of the foregoing this court hereby enters an
award in favor of the Claimant and against the West Virginia
Department of Administration, Purchasing Division, in the amount of
one hundred thousand dollars ($I 00,000-00).
So ORDERED this 30th day of November, 2000.