OPINION ISSUED MARCH 14, 1991

DOMONICK DELGRANDE
VS.
DIVISION OF HIGHWAYS

(CC-90-325)

Claimant present in person.
James D. Terry, Attorney at Law, for respondent.

PER CURIAM:

On or about August 30, 1990, claimant was attempting to cross a bridge located on Nemours Road designated as 52/6 located in Mercer County. As he was proceeding across the wooden deck that was missing a plank, he damaged a tire. Claimant immediately notified the respondent of the incident.

Claimant and respondent have stipulated the facts of the claim and have reached an agreed amount of $102.82 for damage sustained by claimant's vehicle.



Testimony indicates that respondent had actual and constructive notice of the faulty board, but did not repair it in a timely manner. Accordingly, the claimant has met his burden of proof. The Court makes an award in the stipulated amount of $102.82.

Award of $102.82.