OPINION ISSUED AUGUST 24, 1999
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 the claimant and the respondent
wherein certain facts and circumstances of the claim were et forth
1. On April 18, 1998, claimant was traveling north on W. Va.
Route 2, coming out of Point Pleasant, at the flood wall in Mason
County, when the claimant's vehicle hit a large hole located in the
center of the road.
2. As a result of this incident, claimant's vehicle sustained
damage in the sum of $148.39.
3. Respondent owns and maintains W. Va. Route 2 in Mason
County, in a reasonably safe condition.
4. On the date of the incident herein, respondent failed to
maintain W. Va. Route 2 in Mason County, in a reasonably safe
5. Respondent agrees that the amount of damages as put forth
by the 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 2 on the date of the claimant's incident; that the
negligence of the 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 reasonable. Accordingly, the
Court makes an award in the amount of $148.39 to the claimant.
Award of $148.39.