OPINION ISSUED OCTOBER 19, 1999
BOBBIE J. RARDON
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Xueyan Zhang, 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 follows:
1. On August 6, 1998, claimant was traveling southbound on
Interstate 79 in Harrison County at mile marker 111, near Lost
Creek, when claimant's vehicle struck a hole in a construction area
that employees of respondent had dug during the project. The hole
was one of several and it was not marked with any warning devices
for the traveling public.
2. As a result of this incident, claimant's vehicle sustained
damage in the sum of $474.80. However, claimant has a deductible
feature of $250.00 in his motor vehicle insurance policy coverage.
3. On the date of the incident herein, respondent failed to
maintain Interstate79 in Harrison County in a reasonably safe
4. 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
Interstate 79 in Harrison 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 reasonable. Claimant is
entitled to an award for his loss to the extent of the deductible
feature in his motor vehicle insurance policy.
Accordingly, the Court makes an award in the amount of $250.00
to the claimant.
Award of $250.00.