OPINION ISSUED DECEMBER 6, 1999
J. CHRISTOPHER BURKET
VS.
DIVISION OF MOTOR VEHICLES
(CC-99-282)
Claimant appeared pro se.
Joy M. Cavallo, Attorney at Law, for respondent.
PER CURIAM:This claim was submitted to the Court for decision
upon a tipulation entered into by claimant and respondent wherein
certain facts and circumstances of the claim were set forth as
follows:
1. On April 4, 1998, claimant J. Christopher Burket
purchased a 1995 Yamaha motorcycle represented to have a clear
certificate of title issued by respondent. Upon returning to
Pennsylvania, claimant attempted to obtain a certificate of title
issued in Pennsylvania. The State of Pennsylvania would not issue
claimant a certificate of title because the motorcycle had been
previously "junked" in Pennsylvania. Eventually, the State of
Pennsylvania did issue a certificate of title, but the certificate
of title reflected a reconstructed certificate of title, indicated
by a "R" on the certificate of title. The reconstructed
certificate of title decreased the value of the motorcycle to
one-half the blue-book value.
2. As a result of this incident, claimant sustained damage in
the sum of $5,035.20. However, claimant agreed to relinquish and
settle this claim against respondent for the sum of $2,500.00.
3. Respondent maintains and produces certificates of titles
for motorcycles and on the date of the incident herein, respondent
failed to follow established reasonable procedures in the issuance
of the certificate of title for claimant's motorcycle.
4. Respondent agrees that the amount of damages as set forth
in the settlement 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 production of the
certificate of title for claimant's motorcycle; that the negligence
of respondent was the proximate cause of the decrease in the value
of claimant's motorcycle; and that the amount of the damages agreed
to by the parties is fair and reasonable. Accordingly, the Court
makes an award in the amount of $2,500.00 to claimant.
Award of $2,500.00.
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