OPINION ISSUED JUNE 8, 2000
SEBRINA L. WILSON
DIVISION OF HIGHWAYS
David G. Hanlon, Attorney at Law, for claimant.
Andrew F. Tarr, Attorney at Law, for respondent.
This claim was submitted to the Court for decision upon a
Stipulation entered into by counsel for claimant and counsel for
respondent wherein certain facts and circumstances of the claim
were set forth as follows:
1. On May 25, 1995, at approximately 10:00 p.m., as claimant
traveled northbound on I-77 toward the town of St. Marys in
Pleasants County, her vehicle was struck by a large piece of
concrete falling from the underside of an I-77 overpass bridge in
the town of Mineral Wells in Wood County. The falling concrete
struck the top of claimant's vehicle, shattering the sun roof and
2. For several years prior to the incident, respondent was
aware of the deteriorating condition of this I-77 overpass bridge
in Mineral Wells, Wood County. Respondent failed to assure the
safety of the traveling public by maintaining the area in question
in a reasonable state of repair.
3. As a result of the incident, claimant brought this action
to recover damages in the amount of $100,000.00. However, claimant
agreed to settle and relinquish this claim against respondent for
the amount of $25,000.00.
4. Respondent agrees that the amount of damages as put forth
by claimant 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 the
I-77 overpass bridge in Mineral Wells, Wood County, on the date of
claimant's incident; that the negligence of respondent was the
proximate cause of the injuries suffered by claimant; and that the
amount of the damages agreed to by the parties is fair and
Accordingly, the Court is of the opinion to and does make an
award in the amount of $25,000.00.
Award of $25,000.00.