OPINION ISSUED DECEMBER 6, 1999
JOSEPH J. BANIAK & MARY V. BANIAK
DIVISION OF HIGHWAYS
Claimant Joseph J. Baniak, appeared pro se.
Andrew F. Tarr, Attorney at Law, for respondent.
This claim was submitted to the Court for decision upon a
tipulation entered into by claimant and counsel for respondent
wherein certain facts and circumstances of the claim were set forth
1. In 1977, respondent completed a construction project on
Dents Run Road, Granville, Monongalia County. This construction
project caused continual flooding problems onto claimants' real
property. In addition, the continuing flooding damaged a house
located on claimants' real property.
2. As a result of this incident, claimants' real property and
house sustained damage in the sum of $25,000.00. However, claimants
agreed to relinquish and settle this claim against respondent for
the sum of $5,000.00.
3. During the time period in question, respondent bore some
responsibility for not maintaining Dents Run Road, Granville in
Monongalia County in a reasonably safe condition.
4. Respondent agrees that the amount of damages as agreed to
by claimants is fair and reasonable.
The Court has reviewed the facts of this claim as stated in
the Stipulation, and adopts the statement of facts as its own. The
Court finds that respondent was negligent in its maintenance of
Dents Run Road, Granville, Monongalia County during the time period
in question; that the negligence of respondent was the proximate
cause of the damages sustained to claimants' property; and that the
amount of the damages agreed to by the parties is fair and
Accordingly, the Court makes an award in the amount of
$5,000.00 to claimants.
Award of $5,000.00.