OPINION ISSUED DECEMBER 6, 1999
ROBERT C. BOOKER
DIVISION OF HIGHWAYS
Shannon M. Bland, Attorney at Law, for claimant.
Andrew F. Tarr, Attorney at Law, for respondent.
This claim was submitted to the Court for decision upon a
tipulation 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 11, 1997, claimant was walking eastbound on U. S.
Route 60 across the Coal River Bridge, near Saint Albans, Kanawha
County. As claimant stepped onto the sidewalk of the bridge, the
concrete underneath him gave way and claimant's leg went completely
through the sidewalk up to his patella.
2. As a result of this incident, claimant sustained a
personal injury with damages in the amount of $9,000.00. However,
claimant agreed to relinquish and settle this claim against
respondent for the sum of $4,000.00.
3. On the date of the incident herein, respondent failed to
maintain the Coal River Bridge on U. S. Route 60 in Kanawha County
in a reasonably safe condition.
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
Coal River Bridge on U. S. Route 60 in Kanawha 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 $4,000.00 to claimant.
Award of $4,000.00.