OPINION ISSUED JULY 19, 2000
KIMBERLY JONES AND GARY JONES
DIVISION OF HIGHWAYS
Michael J. Aloi, Attorney at Law, for claimants.
Xueyan Zhang, Attorney at Law, for respondent.
This claim was submitted to the Court for decision upon a
Stipulation entered into by claimants and respondent wherein
certain facts and circumstances of the claim were agreed to as
1. On August 22, 1995, claimant Kimberly Jones was walking
down the steps at the residence of Kenneth Culhane which is located
on Church Street, Grant Town, Marion County. While she was crossing
the last step, Ms. Jones' foot landed on the upper side of the
ditch adjacent to the road. She fell backwards onto the steps and
sustained personal injuries to her ankle and hip in the fall.
2. At the time of the incident, respondent was at all times
responsible for the maintenance of Church Street. At or about the
time of this incident, respondent was in the process of conducting
a repaving project on Church Street, which included digging a ditch
below the last step to the road at the Culhane residence.
3. Respondent failed safely and properly to complete the
paving project as well as having failed to provide warning devices
at the location of the ditch for the public. Thus, respondent
bears some of the responsibility for claimant Kimberly Jones'
3. As a result of this incident, claimants filed a notice of
claim in the amount of $150,000.00. However, claimants agree to
settle and relinquish this claim against respondent for the amount
4. Respondent agrees that the amount of damages stipulated to
by the parties is fair and reasonable.
The Court has reviewed the facts of the 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
Church Street in Grant Town, Marion County, on the date of
claimant's incident; that the negligence of respondent was a
proximate cause of the personal damages sustained by Ms. Jones; 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 to claimants in the amount of $2,200.00.
Award of $2,200.00.