OPINION ISSUED DECEMBER 20, 2000
RUSSELL S. GARRETT
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Andrew F. Tarr, Attorney at Law, for respondent.
This claim was submitted to the Courtfor 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 May 25, 1999, at approximately 5:00 p.m. claimant and
his wife were traveling in his vehicle on Route 19, near Shinnston,
Harrison County. Claimant had driven his vehicle to a gravel lot
on the side of the road in order to make a telephone call. As
claimant drove the vehicle back onto the road, it struck I-beams
that were hidden in nearby vegetation on the side of the road.
2. On the date in question, respondent was responsible for
the maintenance of Route 19 in Harrison County and was aware of
I-beams on the edge of the road surface.
4. As a result of this incident, claimant's vehicle sustained
damage. The sustained damage was in the amount of $372.12.
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 and finds that
respondent was negligent in its maintenance of Route 19 in Harrison
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. Thus, claimant may make a
recovery for his sustained loss.
Accordingly, the Court is of the opinion to and does make an
award in the amount of $372.12.
Award of $372.12.