OPINION ISSUED DECEMBER 6, 1999
STEVE M. MATUSKY
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 claimant and counsel for respondent
wherein certain facts and circumstances of the claim were set forth
1. On January 8, 1999, claimant was traveling northbound in
his 1993 Plymouth Acclaim on U. S. Route 250, near Mannington, in
Marion County. As claimant drove across a bridge on U. S. Route
250, his vehicle struck a metal plate covering a hole in the
pavement which caused claimant to lose control of the vehicle.
Claimant's vehicle then crossed into the southbound lane, striking
a guardrail on the bridge. Claimant was able to maneuver the
vehicle back into the northbound lane, where it finally came to a
2. As a result of this incident, claimant's vehicle sustained
damage in excess of the sum of $500.00, which is the deductible
feature in claimant's motor vehicle insurance policy coverage.
3. On the date of the incident herein, respondent failed to
maintain U. S. Route 250 in Marion County in a reasonably safe
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 U.
S. Route 250 in Marion County 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 is of the opinion to and does make an
award in the amount of $500.00 to the claimant.
Award of $500.00.