OPINION ISSUED NOVEMBER 1, 2000
DIVISION OF IGHWAYS
Vincent S. Gurrera, Attorney at Law, for climant.
Andrew F. Tarr, Attorney at Law, for respondent.
This claim was submitted to the Court or decision upon a
Stipulation entered into by claimant and respondent wherein certain
facts and circumstances of the claim were agreed to as follows:
1. On the 28th day of February, 1995, claimant Eric Cory was
traveling on County Route 20 in New Cumberland, Hancock County,
when he lost control of his vehicle and it struck a tree.
2. On the date in question, respondent was responsible for
the maintenance of County Route 20, Hancock County, and was aware
that the road was in a state of disrepair.
4. As a result of this incident, claimant sustained personal
injuries and property damage. Claimant agreed to settle and
relinquish this claim for the amount of $6,500.00.
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 this claim and finds that
respondent was negligent in its maintenance of County Route 20 in
Hancock County on the date of claimant's incident; that the
negligence of respondent was a proximate cause of the damages
sustained to claimant's vehicle and claimant's physical injuries;
and that the amount of the damages agreed to by the parties is fair
and reasonable. Thus, claimant may make a recovery for his
Accordingly, the Court is of the opinion to and does make an
award in the amount of $6,500.00.
Award of $6,500.00.