OPINION ISSUED JUNE 8, 2000
BILLY ARTHUR AND SHERRY WELLMAN
DIVISION OF HIGHWAYS
Thomas Zamow, 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 January 24, 1996, claimants were traveling on W.Va.
Route 10 in the town of Logan, in Logan County in a vehicle owned
by Ms. Wellman. As claimants approached the State Police Bridge,
a rock fell from the hillside beside the road and struck the
vehicle. Ms. Wellman's vehicle sustained damage and Mr. Arthur
sustained personal injuries.
2. On the date of the incident herein, respondent was aware
that this portion of W.Va. Route 10 was known as an area prone to
having rockfalls occur frequently. Respondent failed to maintain
warning signs or otherwise protect the traveling public at the
location in question.
3. As a result of the incident, claimants brought this claim
to recover damages in the amount of $10,000.00. However, both
claimants agreed to settle this claim against respondent for the
amount of $4,000.00, which will be allocated as follows:
a. an award in the amount of $3,000.00 to Billy Arthur.
b. an award in the amount of $1,000.00 to Sherry
4. Respondent agrees that the amount of damages as put forth
by claimants 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
W.Va. Route 10 in Logan County on the date of claimants' incident;
that the negligence of respondent was the proximate cause of the
injuries suffered by claimants; and that the amount of the damages
agreed to by the parties is fair and reasonable.
Accordingly, the Court is of the opinion to and does make an
award in the amount of $4,000.00.
Award of $3,000.00 to claimant Billy Arthur.
Award of $1,000.00 to claimant Sherry Wellman.