OPINION ISSUED FEBRUARY 5, 1993
DIVISION OF HIGHWAYS
Mark Wills, Attorney at Law, for claimant.
Glen A. Murphy, Attorney at Law, for respondent.
This claim was submitted to the Court upon a stipulation filed by the parties.
The stipulation stated the facts as follows:
On or about March 26,1 992, claimant, Phyllis Shupe, was driving her vehicle on U.S. Route 52 in
Mercer County when she "suddenly saw some rocks in the road just in front of [her]." Claimant was
unable to avoid these rocks and her vehicle struck the rocks.
Respondent had prior notice of rock falls at this location. Respondent has determined that there was
negligence on its part and that it is compelled by a moral obligation to stipulate to a reasonable
amount of damages claimed by the claimant.
Although "Rock Falls" signs are in place, respondent was unable to determine if the signs were in
place on the date of claimant's accident.
The parties agreed that full and just compensation for the damage to claimant's vehicle as a result
of this incident is $500.00.
The Court, having reviewed the Stipulation of Facts, adopts the stipulation and, further, the Court
has determined that $500.00 is a fair and reasonable settlement of this claim.
Accordingly, the Court makes an award of $500.00 to the claimant.
Award of $500.00.