OPINION ISSUED SEPTEMBER 8, 1999
ANGELA D. HARLESS
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Andrew F. Tarr, Attorney at Law, for respondent.
This claim was submitted to the Court for decision upon a
stipulation entered into by claimant and respondent wherein
certain facts and circumstances of the claim were set forth as
1. On March 6, 1997, claimant was traveling on W.Va. Route
10, Gaylor Lane, Kanawha County, when her vehicle hit a large rock
located in the center of the road.
2. As a result of this incident, claimant's vehicle sustained
damage in the sum of $202.11.
3. Respondent owns and maintains W.Va. Route 10, Gaylor Lane,
Kanawha County, in a reasonably safe condition.
4. On the date of the incident herein, respondent failed to
maintain W.Va. Route 10, Gaylor Lane, Kanawha County, in a
reasonably safe condition. The rock in the road had been left there
by respondent's employees after culvert work was performed at this
5. Respondent agrees that the amount of damages as put forth
by claimant 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
W.Va. Route 10, Gaylor Lane, Kanawha County, on the date of
claimant's incident; that the negligence of respondent was the
proximate cause of the damages sustained to claimant's vehicle; 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 $202.11
Award of $202.11.